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Full text of "International law topics, neutrality, proclamations and regulations with notes 1916"

NAVAL WAR COLLEGE 



INTERNATIONAL LAW 
TOPICS 



* 



NEUTRALITY PROCLAMATIONS 
AND REGULATIONS 

WITH NOTES 



1916 



010 



I 



WASHINGTON 
1917 



PREFACE. 



The discussions upon international law during the 
year 1916 were conducted by George Grafton Wilson, 
LL. D., professor of international law in Harvard Uni- 
versity. Matters relating to the war which has been 
going on since July, 1914, were under consideration. 
Final opinions can not be offered at the present time, 
and for this reason the War College contents itself in 
the main with statements of facts concerning which 
there is no dispute, and with copies of official documents. 
It is hoped that the present volume will be of consid- 
erable value in the future, as a work of reference, not 
only for officers of the Navy, but for others who may 
be engaged in the study of international law as affected 
by the history of the unprecedented crisis through which 
the world is now passing. 

The documents particularly referred to in the discus- 
sions are printed with brief notes. Some of these docu- 
ments are accessible in the publications of the Govern- 
ment of the United States. Others are not easily acces- 
sible. 

Many of the documents in this volume are translated 
from foreign languages. In such cases the language of 
issue of the documents is in most cases the only official 
text. Modifications in regulations will doubtless be 
made from time to time as conditions change, but those 
printed in this volume will serve as convenient bases for 
comparison and subsequent discussion. For convenience 
of reference the neutrality proclamations of the United 
States, printed in the volume of 1915, are reprinted in 
this volume, and the index is made unusually complete. 

As in previous years the Naval War College desires to 
receive such questions as officers deem worthy of con- 
sideration, and for such questions the documents here- 
with published may furnish many suggestions. 

Austin M. Knight, 
Rear Admiral, United States Navy, 

President Naval War College. 
December 15, 1916. 



TABLE OF CONTENTS. 



Argentine Republic: Page. 

Declaration, August 5, 1914, neutrality 9 

Brazil: 

Decree, August 4, 1914, neutrality regulations 10 

Decree, September 9, 1914, base of operations 14 

Circular, February 22, 1915, nationality of corporations 14 

Chile: 

Instructions, August 7, 1914, application of Hague conven- 
tions 15 

Instructions, August 8, 1914, application of international law 15 
Instructions, August 14, 1914, maritime neutrality regula- 
tions 15 

Instructions, October 14, 1914, coaling war vessels 17 

Instructions, October 14, 1914, radiotelegraphy 18 

Instructions, October 15, 1914, radiotelegraphy 18 

Instructions, November 2, 1914, coaling merchant vessels. . 19 

Decree, November 5, 1914, territorial waters 19 

Circular, November 7, 1914, base of operations 20 

Circular, November 13, 1914, telegraphic communication... 20 

Note, November 16, 1914, violations of neutrality 21 

Decree, December 15, 1914, territorial waters 21 

Decree, December 15, 1914, coaling war and merchant ves- 
sels 22 

Instructions, December 17, 1914, coaling war vessels 24 

Decree, December 30, 1914, radio and ordinary telegraphy. . 24 

Instructions, January 4, 1915, coaling war vessels 25 

Instructions, January 12, 1915, violations of neutrality 25 

Instructions, January 23, 1915, coaling war vessels 26 

Decree, January 25, 1915, telegraphic communication 26 

Instructions, March 13, 1915, coaling merchant vessels 27 

Circular, March 15, 1915, conversion of war vessels 28 

Decree, March 30, 1915, relations with foreign Governments. 29 

Circular, April, 1915, radiotelegraphy 29 

Decree, May 17, 1915, coaling merchant vessels 30 

Note, July 7, 1915, armed merchant vessels 30 

China: 

Presidential mandate, August 6, 1914, neutrality regulations. 31 

Colombia: 

Resolution, August 13, 1914, supplying war and merchant 

vessels 35 

Resolution, August 22, 1914, radiotelegraphy 36 

Resolution, September 1, 1914, radiotelegraphy 37 

Resolution, September 11, 1914, radiotelegraphy 38 

5 



6 Table of Contents. 

Colombia — Continued. Page. 

Circular, November 27, 1914, neutrality of the press 39 

Resolution, December 5, 1914, radiotelegraphy 42 

Resolution, July 14, 1915, radiotelegraphy 44 

Cuba: 

Proclamation, August 5, 1914, neutrality 46 

Decree, August 10, 1914, neutrality regulations 47 

Circular, September 24, 1914> radiotelegraphy 49 

Decree, March 3, 1916, armed merchant vessels 49 

Denmark: 

Royal order, December 20, 1912, neutrality regulations 49 

. Royal order, August 6, 1914, maritime neutrality regulations. 52 

Ecuador: 

Decree, August 14, 1914, neutrality proclamation 56 

Decree, November 28, 1914, base of operations 56 

Guatemala: 

Decree, August 12, 1014, declaration of neutrality 57 

Decree, September 1, 1914, radiotelegraphy 58 

Hayti: 

Declaration, August 7, 1914, neutrality 58 

Honduras: 

Decree, October 5, 1914, neutrality declaration 59 

Note, December 3, 1914, neutrality 60 

Italy: 

Declaration, August 3, 1914, neutrality 60 

Netherlands: 

Note, August 3, 1914, war buoying 61 

Declaration, August 5, 1914, neutrality regulations 61 

Nicaragua: 

Circular, December 5, 1914, neutrality regulations 64 

Persia: 

Proclamation, November 1, 1914, neutrality 65 

Salvador: 

Note, December 4, 1914, application of law of neutrality 66 

Siam: 

Declaration, August 6, 1914, neutrality 67 

Spain : 

Declaration, August 7, 1914, neutrality 68 

Decree, November 23, 1914, application of Hague conven- 
tions 68 

Switzerland : 

Ordinance, August 2, 1914, radiotelegraphy 68 

Federal Order, August 3, 1914, neutrality 69 

Declaration, August 4, 1914, neutrality 70 

Note, August 5, 1914, German reply to neutrality declaration. 71 

Ordinance, August 4, 1914, neutrality regulations 71 

Proclamation, August 5, 1914, appeal to the people 74 

Ordinance, August 6, 1914, penal dispositions 75 

Notification, August 8, 1914, aerial domain : 77 



Table of Contents, 7 

Switzerland — Continued. Page- 
Note, September, 1914, neutralized territory of Savoy 77 

Notification, October, 1914, neutralized territory of Savoy.. 78 

Circular, October, 1914, belligerent persons 78 

Proclamation, October 1, 1914, appeal to the people 79 

Ordinance, June 30, 1916, foreign deserters 80 

United States: 

Proclamation, August 4, 1914, neutrality regulations 82 

Executive order, August 5, 1914, radiotelegraphy 87 

Circular, August 14, 1914, military service 88 

Proclamation, August 18, 1914, appeal to the people 89 

Executive order, September 5, 1914, radiotelegraphy 90 

Memorandum, September 19, 1914, base of operations. . 91 

Memorandum, September 19, 1914, armed merchant vessels. 93 
Protocol, October 19, 1914, neutrality of Panama Canal 

Zone 94 

Circular, October 15, 1914, contraband 95 

Proclamation, November 13, 1914, neutrality of Panama 

Canal Zone 96 

Joint resolution, March 4, 1915, base of operations 100 

Memorandum, March 25, 1916, armed merchant vessels 101 

Uruguay: 

Decree, August 4, 1914, neutrality declaration 106 

Decree, August 7, 1914, maritime neutrality regulations 106 

Decree, August 18, 1914, transfer of flag 109 

Decree, September 1, 1914, radiotelegraphy 110 

Decree, September 8, 1914, armed merchant vessels Ill 

Decree, September 29, 1914, radiotelegraphy 112 

Decree, October 20, 1914, radiotelegraphy 112 

Decree, October 20, 1914, contraband 114 

Decree, December 14, 1914, base of operations 115 

Decree, December 15, 1914, coaling war vessels 118 

Decree, December 15, 1914, sojourn of war vessels 118 

Venezuela: 

Declaration, August 8, 1914, neutrality 119 

Instructions, August 8, 1914, neutrality regulations 120 

Instructions, August 9, 1914, neutrality enforcement 121 

Instructions, August 12, 1914 f military expeditions 122 

Instructions, August 19, 1914, military expeditions 122 

Instructions, August 22, 1914, duties of citizens 123 

Instructions, August 24, 1914, radiotelegraphy 123 

Instructions, August 24, 1914, radiotelegraphy 124 

Instructions, August 26, 1914, radiotelegraphy 124 

Instructions, August 26, 1914, radiotelegraphy 124 

Instructions, August 26, 1914, radiotelegraphy 125 

Memorandum, October, 1914, armed neutrality proposal 125 

Index 131 



NEUTRALITY PROCLAMATIONS AND REGULATIONS. 



ARGENTINE REPUBLIC. 

Declaration of neutrality in the European war, August 5, 1914. 
[Boletin del Ministro de Relaciones Exteriores y Culto, vol. 43, p. 3.] 

Buenos Ayres, August 5, 1914- 

In view of the communications received by the executive power 
from the imperial and royal legation of Austria-Hungary on July 
26, making known the rupture of relations between that country 
and Serbia; from the diplomatic representatives of Russia and 
Germany under dates of August 2 and 3, respectively, making 
known the state of war existing between the two countries ; from 
the German legation on August 4, declaring that the Empire finds 
itself in a state of war with France; from the legation of His 
Britannic Majesty on the present date declaring that the United 
Kingdom finds itself at war with the German Empire; from the 
legation of Belgium of the present date giving notice that the 
German troops have penetrated into its territory and that its 
Government has decided to resist by force, and considering: 

That the state of war existing between nations friendly to 
the Argentine Republic imposes the necessity of determining the 
criterion and the rules of conduct which it is proper to adopt to 
maintain the neutrality of the Republic during the conflict, 

That the principles of international law consecrated by the 
opinion of authors and by the practice of nations have been con- 
densed in the clauses of the convention signed at The Hague 
October 18, 1907, 

That although this convention, signed by the Argentine pleni- 
potentiaries, has not yet been approved by the congress, this 
circumstance does not diminish the value which it possesses as a 
body of doctrine for determining the duties and the rights of 
neutral nations in case of war, 

That it is indispensable in order to conform to the sentiments 
of the Argentine Government, to assure the greatest uniformity 
of treatment toward all the belligerent nations, 

The Vice President of the Argentine nation decrees: 

Aeticle 1. While the state of war between the nations above 
mentioned or between any of them shall continue, the Government 
of the Argentine Republic will maintain the strictest neutrality. 

9 



10 Neutrality Bules, Brazil. 

Art. 2. To render this provision effective there will be followed 
in all cases, the rules of law and the manner of procedure set 
forth in the convention relative to the rights and duties of neutral 
powers signed at The Hague October 18, 1907. 1 

Art. 3. The ministers, each in that which concerns him, will 
adopt the measures and will give the instructions, necessary for 
the execution of the present decree. . 

Art. 4. This decree will be communicated, published, and in- 
scribed in the national register. 

Plaza Jose Louis Murature. 

BRAZIL. 

General Rules of Neutrality, August 4, 1914- 

Art. 1st. National and foreign residents in the United States 
of Brazil must abstain from any participation in aid of the bellig- 
erents or any act that may be deemed hostile to one of the nations 
at war. 

Art. 2nd. The belligerents are not allowed to promote in Brazil 
the enlistment of their nationals, or of Brazilian citizens, or of 
subjects of other nations, for service in their forces on land 
or sea. 

Art. 3rd. The Government of Brazil does not consent that 
privateers be armed and equipped in the ports of the Republic. 

Art. 4th. The exportation of arms and ammunitions of war 
from Brazil to any port of the belligerent nations, under the 
Brazilian flag, or that of any other nation, is absolutely for- 
bidden. 

Art. 5th. The States of the Union and their agents are not 
permitted to export or to participate in exporting any kind of 
war material for any of the belligerents, severally or collectively/ 

Art. 6th. A belligerent is not permitted to have a naval base 
of operations against the enemy at any point in the littoral of 
Brazil, or its territorial waters, nor to have in said waters wire- 
less telegraph stations to communicate with belligerent forces in 
the theatre of the war. 

Art. 7th. In case the military operations or the sea-ports of any 
of the belligerents are situated at less than twelve days from the 
United States of Brazil, reckoning travel at twenty-three miles 
an hour, no warship of the other belligerent or belligerents will 
be allowed to stay in Brazilian ports, harbors or roadsteads 
longer than twenty-four hours, except in case of ships putting in 
on account of urgent need. 

The case of urgent need justifies the staying of the warship or 
privateer at the port longer than twenty-four hours : 

1. If the repairs needed to render the ship seaworthy cannot be 
made within that time; 

1 Navy Department, 1911, Hague and Geneva Conventions, p. 118 ; Naval 
War College, International Law Situations, 8 : 213. 



Entrance of Warships. 11 

2. In case of serious clanger on account of stress of weather ; 

3. When threatened by some enemy craft cruising off the port 
of refuge. 

These three circumstances will be taken into consideration by 
the Government in granting a delay for the refugee ship. . 

Art. 8th. If the distance from the Brazilian port, harbor or 
roadstead of refuge to the next point of the littoral of the enemy 
is greater than twelve days' sail, the duration of the stay of the 
refugee ship or ships of war in the Brazilian waters will be left 
to the determination of the Government, acting according to 
circumstances. 

' Art. 9th. Regardless of the distance between the Brazilian 
ports and the principal field of military operations or between the 
Brazilian ports and those of one of the belligerent countries, 
privateers will not be allowed to stay in ports, harbors or terri- 
torial waters of Brazil longer than twenty-four hours, except in 
the three cases mentioned in Art. 7th. 

Art. 10th. The rules established by Articles Nos. 7 and 8 for 
the limitation of the stay of ships in the ports, harbors and terri- 
torial waters of Brazil do not apply to ships of war occupied in 
scientific, religious or philanthropic missions, nor to hospital 
ships. 

Art. 11th. Any act of war, including capture and the exercise 
of the right of visit, by a belligerent warship in territorial waters 
of Brazil constitutes a violation of the neutrality and offends the 
sovereignty of the Republic. 

Besides due reparation, the Government of the Republic will 
demand the release by the belligerent government or governments 
of the vessels captured, with their officers and crew, if such cap- 
tured vessels are already beyond the jurisdictional water of 
Brazil and immediate repression of the abuse committed. 

Art. 12th. Once war is declared, the Federal Government will 
prevent, by all means, the fitting out, equipping and arming of any 
vessel that may be suspected of intending to go privateering or 
otherwise engaging in hostilities against one of the belligerents. 
The Government will be equally careful in preventing the sailing 
from the Brazilian territory of any vessel there adapted to be used 
as a warship in hostile operations. 

Art. 13th. The belligerent warships are allowed to repair their 
•damages in the ports and harbors of Brazil only to the extent of 
rendering them seaworthy, without in any wise augmenting their 
military power. 

The Brazilian naval authorities will ascertain the nature and 
extent of the proper repairs, which shall be made as promptly as 
possible. 

Art. 14th. The aforesaid ships may take supplies in Brazilian 
ports and harbors : 

1. To make up their usual stock of food supplies as in time of 
peace ; 



12 Neutrality Rules , Brazil. 

2. To take fuel enough to reach their next home port or com- 
plete the filling of their coal-bunkers proper. 

Aet. 15th. The belligerent warships that take fuel in a Bra- 
zilian port will not be allowed to renew their supplies in the same 
or other Brazilian port before three months have elapsed since 
their next-previous supply. 

Art. 16th. Belligerent ships are not allowed to increase their 
armament, military equipment, or crews in the ports, harbors, or 
territorial waters of Brazil. They may claim the services of the 
national pilots. 

Aet. 17th. The neutrality of Brazil is not affected by the mere 
passage through its territorial waters of belligerent warships 
and their prizes. 

Art. 18th. If warships of two belligerents happen to be to- 
gether in a Brazilian port or harbor, an interval of twenty-four 
hours shall elapse between the sailing of one of them and the 
sailing of her enemy, if both are steamers. If the first to sail is 
a sailing vessel and the next being an enemy is a steamer, three 
days' advance will be given to the first belligerent ship. Their 
time of sailing will be counted from their respective arrivals, 
exceptions being made for the cases in which a prolongation of 
stay may be granted. A belligerent ship of war cannot leave a 
Brazilian port before the departure of a merchant ship under an 
enemy flag, but must respect the aforesaid provisions concerning 
the intervals of departure between steamers and sailing vessels. 

Art. 19th. If a belligerent warship having received due notice 
from the competent local authority does not leave the Brazilian 
port where her stay would be unlawful, the Federal Government 
will take the necessary measures to prevent her sailing during 
the war. 

(a) The officer in command of a ship of war flying the flag 
of a nation having ratified the 13th convention of The Hague, 
October 17, 1907, or having adhered to it afterwards, is under 
obligation to facilitate the execution of those measures. 

(b) If a commandant of a belligerent ship refuses to comply 
with the notice received, for some reason nonapplicable, or for 
lack of adhesion to that and other clauses of said convention of 
The Hague, the Federal Government will command the naval and 
military authorities of the Republic to use force to prevent the 
violation of Brazilian neutrality. 

(c) A belligerent ship being detained in Brazil, her officers 
and crew shall be detained with her. 

(d) The officers and men thus detained may have their quar- 
ters in another ship or in some place ashore, to be under the re- 
strictive measures that are advisable, keeping aboard the warship 
the men necessary to her upkeep. The officers may have their 
freedom, under written pledge, on their word of honor, not to leave 
the place assigned to them in Brazilian territory without authori- 
zation from the minister of the navy. 



Treatment of Prizes. 13 

Abt. 20th. The captures made by a belligerent may only be 
brought to a Brazilian port in case of unseaworthiness, stress of 
weather, lack of fuel or food provisions, and also under the con- 
ditions provided hereinbelow in Article 21st. 

The prize must depart as soon as the cause or causes of her 
arrival cease. Failing that departure, the Brazilian authority 
will notify the commander of the prize to leave at once, and, if 
not obeyed, will take the necessary measures to have the prize 
released with her officers and crew, and to intern the prize crew 
placed on board by the captor. 

Any prize entering a Brazilian port or harbor, except under the 
aforesaid four conditions, will be likewise released. 

Abt. 21st. Prizes may be admitted that are brought, under con- 
voy or not, to a Brazilian port, to be placed under custody pend- 
ing the decision of the competent prize court. The prize may 
be sent by the local authority to some other Brazilian port. If 
she is convoyed by a warship, the officers and prize crew put 
aboard by the captor may return to the warship. If she sails 
alone, the prize crew put aboard by the captor is left at liberty. 

Abt. 22nd. Belligerent warships that are chased by the enemy, 
and, avoiding attack, seek refuge in a Brazilian port, will be 
detained there and disarmed. But they will be allowed to go 
if their officers in command take the pledge of not engaging 
themselves in war operations. 

Aet. 23rd. No prize will be sold in Brazil before the validity 
of her capture is recognized by the competent court in the country 
of the captor. Nor is the captor allowed to dispose in Brazil 
of the goods in his possession as a result of the capture. 

Aet. 24th. From the officers in command of naval forces or 
warships calling at Brazilian ports for repairs or supplies, a 
written declaration will be required that they will not capture 
merchant ships under their adversary's flag, even outside terri- 
torial waters of Brazil, if met between 30 degrees Long. W. 
Greenwich, the parallel of 4 degrees, 30 minutes N. and that of 
30 degrees S., when these merchant ships have taken cargo in 
Brazilian ports or are bringing cargo to the same. 

Art. 25th. Belligerents can not receive in Brazilian ports goods 
sent directly to them in ships of any nation, since this would 
mean that the warships did not put in in a case of urgent need, 
but intended to cruise in these waters. To tolerate such an abuse 
would amount to allowing Brazilian ports to be used as a base 
of military operations. 

Art. 26th. Belligerent warships admitted into the ports and 
harbors of Brazil shall remain in the places to them assigned 
by the local authorities, perfectly quiet and in peace with the 
other ships, even with the warships of other belligerents. 

Art. 27th. The Brazilian military, naval, fiscal and police au- 
thorities will exercise the greatest care to prevent the violation 
of the aforesaid measures in the territorial waters of the Re- 
public. 



14 Neutrality Rules, Brazil. 

Department of State for Foreign Relations, Rio de Janeiro, 
August 4th, 1914. 

Feederico Alfonso de Carvalho. 

Decree No. 11,141 °f September 9th, 1914, completing the rules of 
neutrality approved by decree No. 11,037 of August 4th, abro- 
gates the last part of the 22nd article of the same decree. 

The President of the Republic of the United States of Brazil 

Resolves to incorporate into the Decree No. 11,037 of the 4th 
of August ultimo the following rules: 

Art. 1st. No merchant ship will be allowed to sail from a Bra- 
zilian port without a previous declaration from the consular 
agent of her nation, stating the ports of call and destination of 
said ship, with an assurance that she is employed only on com- 
mercial business. 

Art. 2nd. In case it will be known, by the length of her voyage 
or the route of her sailing, that a ship sailing from a Brazilian 
port went to other ports than those declared in her statement, 
and she returns to Brazil, she will be detained by the Brazilian 
naval authorities to be considered as belonging to the fleet of 
war of her nation and as such submitted to the dispositions of 
Article 19th of the Decree No. 11,037 of August 4, 1914. 

Art. 3rd. . Abrogates the last clause of Article 22nd of the rules 
approved by Decree No. 11,037 of the 4th of August, 1914. 

Rio de Janeiro, September 9th, 1914. 

Hermes da Fonseca. 
Lauro Muller. 

Circular dispatch sent by the Minister of Foreign Affairs to the 
Brazilian Embassies and Legations. February 22, 1915. 

February 22, 1915. 
According to our law, that follows in this the principles of 
commercial law common to all civilized nations, the commercial 
associations established and operating in the country and regis- 
tered in the Brazilian boards of trade are considered as Brazilian 
irrespective of the nationality of their individual members. 
Although this may bring as a consequence a difference between the 
juridic personality of these societies and that of their members, 
the Brazilian Government will not give its support to the claims 
made by commercial societies composed of foreign members, 
against acts of any of the belligerent nations, until and when, 
having duly examined the facts and carefully considered the cir- 
cumstances, it will be convinced, not only that the claim is abso- 
lutely well founded, but also that it is free from any political 
objects. It is the aim of the Government of Brazil to see by this 
decision that a juridic principle, true and useful in time of peace, 
may not be diverted from its moral -purposes of tutelage and 
organization so as to cover acts not consistent with the neutrality 
that Brazil has so rigorously maintained. 

Lauro Mulleb. 



Hague Convention Rules. 15 

CHILE. 

Note of the Minister of Foreign Relations to the Minister of Inte- 
rior on the application of the rules of neutrality established by 
the Second Conference of The Hague. August 7, 1914- 

[Revue G6ne"rale de Droit International Public, Doc. 23 : 7.] 

Santiago, August 7, 1914- 
To the Minister of Interior: 

The rules which ought to be observed by the Chilean authorities 
relative to neutrality in the European war are those established 
on this subject by the Second Conference of The Hague. The 
Convention of The Hague ought to be followed, even though they 
have not been ratified by the Government of Chile, it being under- 
stood that they are declaratory of the principles of international 
law universally recognized. 

Note of the Minister of Foreign Relations to the Minister of War 
and Navy on the application in matters of neutrality of the 
general principles of international law and especially of the 
rules of the Na.val Declaration of London of February 26, 1909. 
August 5, 1914- 

[Rev. Gen., Doc. 23 : 7.] 

Santiago, August 8, 1914- 
To the Minister of War and Navy : 

The services under the supervision of the minister of war and 
navy ought, in the European war, to observe neutrality conform- 
ably to the general principles of international law. 1 

Rules concerning maritime war which should be observed for the 
surveillance of vessels found in the territorial waters of Chile. 
August 14, 1914. 

[Rev. Gen., Doc. 23 : 7.] 

Ministry of Foreign Relations, 

Santiago, August 14, 1914- 
To the Minister of War and Navy : 

With reference to my confidential note, No. 57, of the 8th 
instant, in which I request your excellency to be kind enough to 
instruct the authorities under your cognizance, and especially 
those of a maritime nature, to proceed to the enforcement of the 
neutrality declared by Chile in the state of war which exists in 

1 To the note was attached a translation of the provisions ordered Feb. 
26, 1909, at the London Naval Conference, the rules of which, according 
to the preliminary statement, correspond in substance to the principles 
generally recognized by international law. For text see Naval War- Col- 
lege, International Law Topics, 1909. 



16 Neutrality Rules, Chile. 

Germany, France, Belgium, Great Britain, Russia, and to which 
Austria should now be added, I beg to indicate to your excellency 
the regulations which, in accordance with the principles of inter- 
national law and especially those relating to maritime war, should 
be adopted regarding the surveillance of vessels anchored in 
national waters, to the end that, upon the order of your excel- 
lency, the said authorities should see that they are carried out. 

1. All vessels at anchor in Chilean ports or which navigate 
in the national territorial waters may be obliged to submit to 
the inspection of their papers by the Chilean authorities, which 
may, whenever they deem it necessary, according to the rules 
which are hereafter specified, proceed anew to the inspection of 
the vessel, of its passengers, of its cargo, and of its documents. 
In consequence, the clearance of any vessel can not be authorized, 
whatever its cargo and whatever its destination, until the ship 
has presented complete manifests. 

2. Permission to depart will be given to no merchant vessel 
which has altered or tried to alter its status, if there is reason 
to believe that the vessel has intended to transform itself into 
an auxiliary cruiser or an armed vessel in any degree whatsoever. 

The following acts will be considered as furnishing a presump- 
tion of change of status: 

(a) To alter the location or position of guns which are on 
board the vessel at the time of its arrival; to change the color, 
the rigging, or the equipment of the vessel in a manner to create 
a presumption that this change has an object relating to military 
operations ; 

(&) To embark guns, arms, or munitions in the circumstances 
which indicate adaptation of the vessel to military ends ; 

(c) To refuse to take on board passengers when the vessel pos- 
sesses suitable accommodation for them ; 

(d) To load abnormal quantities of coal. 

3. The maritime authorities should demand of foreign consuls 
who vise" the papers of vessels a declaration in reference to the 
character of the vessel, stating whether it is a question of a mer- 
chant vessel engaged in the transport of merchandise and passen- 
gers, or whether it forms a part of the armed forces of the 
nation to which it belongs. In this latter case the vessel will be 
warned that it must depart after twenty-four hours and with 
coal only sufficient for the journey to the nearest port of its 
nation. 

4. No belligerent vessel of war can prepare for operations of 
war in the jurisdictional waters of Chile or proceed to the ob- 
servation of the vessels of its adversaries in the same waters. 

5. No belligerent vessel of war can leave a port of Chile until 
there has elapsed a period of 24 hours since the departure of an 
enemy vessel of war from the same port. 

6. Every belligerent vessel of war will be required to depart 
after a period of 24 hours from its arrival, except in stress of 



Surveillance of Vessels. 17 

weather, lack of provisions or in case of necessary repairs; in 
these cases effort will be made to leave the port as soon as pos- 
sible after the expiration of the 24-hour period, and no permis- 
sion will be given to take on more supplies than are indispensable 
for immediate necessities. As to repairs, the following rules 
will be observed: The vessel can not remain in Chilean waters 
more than 24 hours after the completion of the said repairs. If 
an enemy vessel has departed during this 24 hours the other 
will remain in the national waters until a new interval of 24 
hours has elapsed. 

7. No belligerent vessel can load, in Chilean waters, anything 
except provisions and the objects necessary for the subsistence 
of its crew, nor a quantity of coal greater than that stipulated in 
rule No. 3. 

8. The use of radio telegraphy is forbidden to all merchant 
vessels during their sojourn in the Chilean waters. To render 
this prohibition effective it will be convenient to dismantle the 
apparatus designed for this system of telegraphy. 

If possible, some vessels of the national fleet might be stationed 
in the principal ports of the Republic to assure the observance of 
these rules of neutrality, that is to say, to prevent the vessels 
which, according to the said rules should not depart from Chilean 
waters, from doing so surreptitiously. 

In general, the ministry believes that if any of the provisions 
noted should be difficult to carry out, in whole or in part, by the 
authorities charged therewith, it would be advisable to do so as 
far as possible within the means at their disposal, in order that 
our intentions of neutrality may be made clear. 

In case any doubt should arise in the application of the prin- 
ciples of international law, the undersigned will hasten to secure 
the necessary decision in the matter. 

The Government of the United States has issued similar regu- 
lations to those contained in this note, regarding the observation 
of neutrality in maritime war. 

God guard your excellency. 

E. Villegas E. 

Declaration of the Ministry of Foriegn Relations on the subject of 
the supplying of coal to belligerent vessels of war in Chilean 
ports. October 14, 1914. 

[Rev. Gen., Doc. 23 : 10.] 

Santiago, October 14, 1914. 
Ministry of Foeeign Relations : 

In reference to the application of article 19 of convention xiii 
of The Hague of October 18, 1907, on the subject of the supplying 
of coal to belligerent vessels of war in neutral ports, it is neces- 
sary to imply by " the nearest port of its own country " of which 
article 19 makes mention, a port of the mother country and not 
a colonial port. 

79596-17 2 



18 Neutrality Rules , Chile. 

Instructions for the office of the director of maritime territory of 
Chile in reference to radio communication by vessels in the 
territorial and interior waters of Chile. October 14, 1914. 

[Rev. Gen., Doc. 23 : 10.] 

Santiago, October 14, 1914. 

1. All vessels provided with radio apparatus without distinc- 
tion of nationality, which navigate in our territorial waters or 
are at anchor in our ports are forbidden to use the said ap- 
paratus. 

2. When arriving in a port or roadstead, these vessels ought to 
dismantle their antennae, breaking their connection with the 
gear and apparatus, as soon as they have been received by the 
maritime authorities, who will personally see to the strict accom- 
plishment of this order, by proceeding immediately to affix their 
seals and stamps on the doors, windows, skylights, and other 
ways of access to the place in which this apparatus is located. 

3. All national or foreign vessels which remain in a port more 
than four days will remove their antennae, which will be kept 
in the same place as the apparatus of the radio station, observing 
the same instructions for sealing the ways of access to this 
place. 

4. The maritime authorities will report to the office of the 
director of maritime territory on the accomplishment of the pres- 
ent instructions, not forgetting that their nonaccomplishment 
may compromise the neutrality of the country. 

Order of the Maritime Governments in reference to radio com- 
munication by vessels in the territorial and interior icaters of 
Chile. October 15, 1914. 

[Rev. Gen., Doc. 23 : 10.] 

Punta Arenas, October 15, 191%. 

Upon this date there has been received from the director of the 
Maritime Territory the following telegram: 

" In addition to sealing and stamping the places in which radio 
apparatus is located, please order the lowering and disconnecting 
of the antennae from the halyards and radio apparatus of all 
steamers with radio installations, upon arriving at Chilean ports. 
Steamers that remain more than four days in port ought to de- 
liver their antennae to the maritime authorities until the day of 
their departure, giving account by telegraph to the office of this 
director. — Simpson." 

I transcribe this for your knowledge, requesting you to please 

order the captains as soon as possible to lower and disconnect the 

antennae from the halyards and radio apparatus and immediately 

to advise this maritime government in order to bring them ashore. 

Salutes you attentively, 

I. Trivino. 

(Seal of the Governacion Maritima de Magallanes.) 

Consul of the United States of North America. 
Present. 



Supply of Coal. 19 

Note from the office of the Director General of the Army to the 
Ministry of War and Navy proposing measures for preventing 
the excessive supplying of coal to belligerent merchant vessels 
in Chilean ports. November 2, 1914- 

[Rev. Gen., Doc. 23 : 10.] 

Santiago, November 2, 1914- 

1. Every merchant vessel of belligerent flag carrying freight or 
passengers, or only freight or sailing in ballast, can take on coal, 
allowing 20 per cent for accidents, necessary to carry it to 
Callao or to Montevideo, according to the route which it takes 
(that is to say, according to whether its route is north or south 
of Chile). 

2. If one of the vessels to which the preceding article refers 
happens to touch at another port of Chile to again take on coal 
or supplies under pretext that the fuel which it carried has been 
taken by a vessel of war, it will not be permitted to take an 
amount of coal greater than that necessary for its service. 

3. Vessels of neutral flag, whether or not they carry passengers 
and freight, can take on coal necessary to take them to their port 
of destination. 

Decree of the Government of Chile as to what should be consid- 
ered the jurisdictional waters of Chile in reference to neutrality, 
November 5, 1914- 

[Rev. Gen., Doc. 23 : 11.] 

No. 1857. Ministry of Foreign Relations, 

Santiago, November 5, 1914- 

Considering that, although it is true that the laws of the Repub- 
lic have determined the limits of the territorial sea and of the 
national domain, and the distance to which extend the rights 
of police in all matters, concerning the security of the country and 
the observance of customs laws, 1 they have not fixed the maritime 
zone in reference to the safeguarding of the rights and the accom- 
plishment of the duties relative to the neutrality declared by the 
Government in case of international conflicts; and that it is 
proper for sovereign states to fix this zone : 

It is decreed: 

The contiguous sea, up to a distance of 3 marine miles counted 
from the low-water line is considered as the jurisdictional or 
neutral sea on the coasts of the Republic for the safeguarding of 
the rights and the accomplishment of the duties relative to the 



1 Art. 593 of the Civil Code used the following terms : " The contigu- 
ous sea to the distance of a marine league counted from the low-water 
line is a territorial sea appertaining to the national domain ; but the 
right of police, in all matters concerning the security of the country and 
the observance of the customs laws, extends to the distance of 4 marine 
leagues counted in the same manner." 



20 Neutrality Rules, Chile. 

neutrality declared by the Government in case of international 
•conflicts. 

Let it be noted, communicated, published, and inserted in the 
Bulletin of the Laws and Decrees of the Government. 

Barros Luco. 
Manuel Salinas. 

Circular of the naval authorities of Chile to the consuls and to the 
agencies of navigation companies, indicating the measures 
authorized by the Ministry of Marine for preventing the exces- 
sive supplying of belligerent merchant vessels in the ports of 
Chile. November 7, 191Jf. 

[Rev. Gen., Doc. 23: 11.] 

Valparaiso, November 7, 191%. 

In order to prevent the continual complaints which have been 
presented to them in reference to the movements and supplies of 
belligerent merchant vessels, the naval authority has been 
authorized by the Government to demand of the agents of the 
respective companies, and of the consul of the nation to which 
the vessel in question belongs, a guaranty that these will furnish 
neither coal nor provisions to belligerent vessels of war, and the 
maritime authorities are required to execute this order as a first 
condition for the departure of the said vessels. 

This resolution is by the present circular brought to the 
knowledge of the consuls and agents of the vessels in question, 
by requesting them, before commencing formalities for the de- 
parture of a vessel, to guarantee by a formal written declaration 
that the provisions and coal which it has just taken on will be 
employed exclusively for their proper purposes and that the de- 
parture of the said vessel has no other object than that of con- 
tinuing its voyage with a purely commercial end. 

At the same time, warning is given that the penalty against 
companies to which a vessel belongs who violate the above en- 
gagements will be thereafter to refuse all kinds of supplies and 
fuel to all vessels of the said company. 1 

Circular of the office of the general director of telegraphs of Chile 
in reference to ordinary telegraphic communication. November 

13, 19V h 

[Rev. Gen., Doc. 23 : 11.] 

Santiago, November 13, 1914. 
The transmission of telegrams in a conventional or cipher lan- 
guage is forbidden. Telegrams in clear language, written in 
Spanish, German, French, English, Italian, or in Portuguese, will 

l The measures indicated in the circular had been previously authorized 
toy the minister of marine. 



Territorial Waters. 21 

be accepted whenever they do not transmit news relative to the 
situation, to the movements, or to the operations of vessels of 
war of belligerent nations. Telegrams of diplomatic and consular 
agents will be excepted from this restriction. In case of doubt 
as to the contents of telegrams written in foreign languages, the 
inspection office will be consulted. 

Note of the Minister of Foreign Relations to the diplomatic 
agents of the belligerent powers in reference to the complaints 
they may have to make concerning the violation of Chilean 
neutrality. November 16, 1914- 

[Rev. Gen., Doc. 23 : 12.] 

Ministry of Foreign Relations, 

Santiago, November 16, 191ft. 
We desire that the diplomatic representatives of all the bel- 
ligerent powers, in formulating their complaints on the violations 
of the rules of neutrality, indicate so far as possible the source of 
the information which serves as a base of these complaints. 
This measure will permit of proceeding with greater rapidity in 
the investigation and consequently of taking in time the course 
which each case may require. 

Decree 1 of the Government of Chile as to what should be con- 
sidered as a jurisdictional sea of Chile in the southern part of 
Chile, especially in the Strait of Magellan. December 15, 1914* 

[Rev. Gen., Doc. 23: 13.] 

No. 1986. Santiago, December 15, 1914. 

Considering that the Strait of Magellan as well as the canals 
of the southern region lie within the international limits of 
Chile, and consequently form part of the territory of the Republic, 

It is decreed: 

In reference to the neutrality established in the decree No. 
1857 of November 5 last of the ministry of foreign affairs, the 
interior waters of the Strait of Magellan and the canals of the 
southern region, even in the parts which are distant more than 
3 miles from either bank, should be considered as forming part 
of the jurisdictional or neutral sea. 

Let it be noted, communicated, published, and inserted in the- 
Bulletin of the Laws and Decrees of the Government. 

Barros Ltjco. 
Manuel Salinas. 

1 This decree was brought to the notice of the Argentine Government by 
a communication of December 30, 1914. It was said in this communica- 
tion " that by this act the Government of Chile does not intend to modify 
the situation created by the treaties between Chile and Argentine Repub- 
lic in the Straits of Magellan and the southern canals." 



22 Neutrality Rules, Chile. 

Decree of the Government of Chile relative to the furnishing of 
fuel to the vessels of war of belligerent countries and to mer- 
chant vessels in the ports of Chile. December 15, 191/f. 

[Republica de Colombia. Informe del Ministerio de Relaciones Exteriores 
al Congreso de 1915, p. 33, Rev. Gen., Doc. 23 : 13.] 

No. 2009. Santiago, December 15, 191}. 

Considering: That convention xiii of The Hague, relative to the 
rights and duties of neutral powers in case of maritime war, 
provides, in article 19, that belligerent vessels of war can take on 
fuel in neutral ports in quantities sufficient to carry them to the 
nearest port of their own country and adds, in article 20, that 
these vessels can not renew their supply of fuel for a period of 
three months in a port of the same power ; 

That these provisions, as well as others of the convention cited, 
indicate the fundamental object of preventing neutral powers 
from cooperating, directly or indirectly, in the acts of belligerents 
and of restricting vessels of war to procuring from neutral ports 
only the supplies necessary to carry them to the shores of the 
country to which they belong ; 

That the application of these rules in the ports of the Republic 
produces results obviously contrary to the spirit which animates 
all the provisions of the above-mentioned conventions, since be- 
cause of the great distance which separates our coasts from bel- 
ligerent countries, the supply of coal which might be given to 
vessels of war is very considerable and that thus these vessels 
profit by the advantages which these circumstances give them, by 
not directing their course toward the coasts of their own country, 
but by continuing their belligerent operations in the American 
seas; 

That in this manner the provisions cited have the effect of 
actually increasing the activity of maritime war in the Pacific 
Ocean contrary to the wish and the interests of Chile ; 

That for the same reason the consequences of the European 
conflict are felt more intensely in our country, since to the dis- 
turbances brought to its international commerce and its economic 
and industrial life, are added the inconveniences resulting from 
the accomplishment of the duties of neutrality and of the sur- 
veillance of our coast, to an extent which absorbs the activity of 
our maritime authorities and imposes on the public treasury con- 
siderable expense ; 

That the same convention xiii, in paragraph 5 of the preamble, 
reserves to the signatory countries the right to change the pro- 
visions, in the course of a war, when the experience acquired from 
it demonstrates the necessity for safeguarding their rights ; 

That the inconvenience resulting from the application of article 
19 would be much reduced if, for the rule permitting delivery to 
vessels of war of coal necessary to gain a port of their nation, 
was substituted one authorizing them to take only sufficient fuel 



Supply of Fuel. 23 

to reach the first port of the nearest neutral ; for vessels supplied 
under these limited conditions could not venture upon warlike 
operations without running the risk of finding themselves without 
power of locomotion on the high seas ; 

That the fact of our country being a producer of coal leads 
belligerent vessels to supply themselves with fuel in our ports 
more than in those of other countries in the same position, a 
consideration which imposes, especially upon the Government of 
Chile, the moral obligation of preventing the abuse which might 
arise in the future through the supplying of coal in its ports ; 

TJhat it is necessary to adopt in case of the violation of neu- 
trality by merchant vessels a sanction which by its gravity 
would directly induce the ship companies to observe completely 
the rules published by the Government ; 

That finally it is necessary to find some means of diminishing 
so far as possible the expenses which are imposed upon the Gov- 
ernment for the surveillance of vessels interned in the ports of 
the Republic for violations of neutrality or because their pro- 
prietors have voluntarily permitted it ; 

It is decreed: 

1. In the future the supplies of coal which vessels of war of 
belligerent nations can take successively in Chilean ports should 
not exceed the quantity necessary for reaching the first coaling 
station of a neighboring country. 

2. In case of violation by a merchant vessel of any of the rules 
on the observance of neutrality adopted by the Government of the 
Republic, no more fuel will be allowed in Chilean ports to any 
vessel of the company to which the vessel committing the offense 
belongs. 

3. Vessels interned by the decision of the Government because 
of a violation of neutrality and those whose proprietors manifest 
the intention of retaining them in the Chilean ports until the end 
of the war will be concentrated in the Chilean ports which the 
administrative authority shall determine in each case. 

4. The amount of coal which may be delivered in the ports of 
the Republic to merchant vessels will be limited to the capacity 
of their ordinary coal bunkers, unless they desire to make a 
voyage directly toward some European port, in which case they 
will be given the quantity of coal necessary for this voyage pro- 
vided the company to which the vessel belongs furnishes a guar- 
anty sufficient in the judgment of the Government, that the fuel 
will be used only to complete the voyage in question. 

The preceding provisions will be applicable in the entire terri- 
tory of the Republic beginning the first of next month. 

Let the present decree be taken note of and let it be communi- 
cated, published, and inserted in the Bulletin of the Laws and 
Decrees of the Government. 

Bareos Luco. 
Manuel Salinas. 



24 Neutrality Bules, Chile. 

Instructions of the Minister of Foreign Relations in reference 
to the supplying of coal to belligerent vessels of war in the 
ports of Chile. December 17, 1914. 

[Rev. Gen., Doc. 23 : 15.] 

Ministry of Foeeign Relations, 

Santiago, December 17, 1914. 
The director general of the marine should bring to the atten- 
tion of all the maritime authorities of the Republic the dates 
upon which supplies of coal have been furnished in the ports 
of Chile to belligerent vessels of war. The maritime authorities 
of the different ports ought on their part to communicate by dis- 
patch to the office of the director general of the marine all the 
deliveries of coal made to the said vessels of war. 

Decree of the Government of Chile in reference to ordinary and 
radio telegraphs and telephones. December 30, 1914. 

[Rev. Gen., Doc. 23 : 15.] 

Ministry of the Interior, 
No. 6364. Second Section, 

Santiago, December 30, 1914. 

In view of the precedents and considering that, in accordance 
with the Radio Conference of London, July 5, 1912, 1 radio offices 
not authorized by the Government may not exist in the territory 
of a State: 

Considering that Chile signed the fifth convention of The 
Hague relative to the rights and duties of neutral powers in case 
of war : 

In view of articles 3 and 9 of the said convention, which provide 
as follows: 

Art. 3. Belligerents are likewise forbidden to : 

(a) Erect on the territory of a neutral power a wireless telegraph 
station or other apparatus for the purpose of communicating with 
belligerent forces on land or sea : 

(b) Use any installation of this kind established by them before the 
war on the territory of a neutral power for purely military purposes, 
and which has not been opened for the service of public messages. 

Art. 9. Every measure of restriction or prohibition taken by a neutral 
power in regard to the matters referred to in articles 7 and 8 must be 
Impartially applied by it to both belligerents. 

A neutral power must see to the same obligation being observed by 
companies or private individuals owning telegraph or telephone cables 
or wireless telegraphy apparatus. 

It is decreed: 

1. The intendants and governors of the Republic will proceed 
to dismantle telegraph, telephone, and radio apparatus, whether 
or not designed for public service, whose installation has not been 
duly authorized. 

1 Charles, Treaties 1910-1913, p. 185. 



Supply of Food. 25 

2. Telegraph, cable, and radio companies belonging to the 
State or to individuals can not in the future and until a new 
order accept for transmission communications written in a cipher 
or conventional language. 

3. Communications addressed by the diplomatic agents accred- 
ited to the Republic and those which banks exchange between 
their various branches will be excepted. The key to the language 
should, however, be previously communicated to the office of 
the Director General of Telegraphs. 

The only communications which can be transmitted are those 
clearly written in German, Spanish, French, English, Italian, and 
Portuguese, and which give no information on the situation, the 
movements or the operations of vessels of the belligerent nations. 
Let it be noted, communicated, published, and inserted in the 
Bulletin of the Laws and Decrees of the Government. 

Baeeos Ltjco. 
Pedeo N. Montenegeo. 

Note of the Minister of Foreign Relations to the Minister of War 
and Navy in reference to the supplying of belligerent vessels of 
war in the waters of Chile. January 4, 1915. 

[Rev. Gen., Doc. 23: 15.] 

MlNISTEY OF FOEEIGN RELATIONS, 

Santiago, January 4, 1915. 
Article 19 of convention xiii of The Hague authorizes belligerent 
vessels of war to revictual in neutral ports and roadsteads only 
to complete their normal supplies in time of peace ; consequently, 
the supplies should be calculated by considering the current con- 
sumption of the crew in such a manner that if a belligerent vessel 
which has received, in a Chilean port, supplies for a certain num- 
ber of days returns to another Chilean port, it can not receive a 
new supply of provisions before the period has expired which 
formerly served as a basis for the supplying of provisions. 

Note of the Minister of Foreign Relations to the Minister of War 
and Navy in reference to complaints on the violation of Chilean 
neutrality. January 12, 1915. 

[Rev. G£n., Doc. 23 : 16.] 

MlNISTEY OF FOEEIGN RELATIONS, 

Santiago, January 12, 1915. 
To the.MiNisTEE of Wae and Navy : 

The normal situation of a merchant vessel can not be altered 
by the simple act of denunciation. Proof is necessary, at least 
that the vessel has committed an act contrary to neutrality. In 
case of grave and well-founded suspicion the vessel, if it is abso- 
lutely necessary, can only be detained for a speedy investigation 



26 Neutrality Rules, Chile. 

of the facts. A file of documents will be formed in each case, in 
which will be contained the declaration of the interested parties 
and testimony, as well as other proof proper, to throw light on the 
question. The decisions made by the maritime authority should 
have only a provisional character until their ratification by the 
Government. Information on the affair in progress will in no 
case be given to the press even under pretext of rectification or of 
prohibition of proceedings by the Government. To the Govern- 
ment alone belongs the duty of deciding what publication should 
be made. 

Declaration of the Minister of Foreign Relations in reference to 
the supplying of coal to belligerent vessels of war in ports of 
Chile. January 23, 1915. 

[Rev. Gen., Doc. 23 : 16.] 

Ministry of Foreign Relations, 

Santiago, January 23, 1915. 
The maritime authorities should obtain by telegraph authoriza- 
tion from the superior naval authority before according to bel- 
ligerent vessels of war permission to load coal in Chilean ports, 
and these authorities, if they do not receive the authorization in 
sufficient time, should demand of the commander of the vessel a 
written declaration that the vessel has not taken on coal in a 
Chilean port during the last three months. 

Decree of the Government of Chile modifying, in reference to 
ordinary and radio telegraph and telephone communication, 
articles 2 and 3 of the decree of December 30, 191^. January 
25, 1914. 

[Rev. Gen., Doc. 23 : 16.] 

Ministry of the Interior, 
No. 213. Santiago, January 25, 1915. 

In view of the dispositions of the Telegraphic Convention of 
St. Petersburg (Petrograd) celebrated between the 10th and 22d 
of July, 1875, 1 and promulgated as a law of the Republic Novem- 
ber 2, 1909 : 

It is decreed: 

The provisions of articles 2 and 3 of decree No. 6364 of Decem- 
ber 30 last, are modified in the following form : 

1. Communications of diplomatic representatives and consular 
agents accredited to Chile, can be transmitted and received In 
cipher or conventional language without restriction and upon the 
principle of reciprocity. 

2. Telegraphic communication of individuals in the country it- 
self or with neutral countries can be transmitted in conventional 
language or cipher. 

i Martens, N. R. G., II, 3:614. 



Fuel to Merchant Vessels. 27 

3. Telegraphic communication of individuals in cipher with 
belligerent countries can be carried on only by means of Keys 
ABC, fifth edition; Scott's Code, tenth edition; Bentley's Com- 
plete Phrase t Code; Western Union Code; Lieber's Code. Such 
communication will also be permitted to those whom the Govern- 
ment of Chile shall authorize on condition that the sender remit 
to the appropriate administrative authority a translation of the 
telegram and that the latter authorize its transmission, putting 
on the original cipher his authorization of transmission. 

4. Telegraphic communication of individuals whether or not in 
cipher, which contains information on the situation, movements, 
or the operation of vessels of war, or of commerce of belligerent 
nations can not be transmitted. At the same time the agents of 
steamer companies or of commercial houses can transmit tele- 
graphs in cipher or in a conventional language, in the country 
itself or with neutral countries, in reference to the movement of 
steamers or of merchant vessels. 

Let it be noted, communicated, published, and inserted in the 
Bulletin of the Laws and Decrees of the Government. 

Baebos Ltjco. 
Pedeo N. Montenegeo. 

Note of the minister of Foreign Relations to the Minister of War 
and Navy on the interpretation of the rule recorded in No. 4 of 
the decree of December 15, 1914, in reference to the supplying 
of fuel in Chilean ports to belligerent merchant vessels. 
March 18, 1915. 

[Rev. G<§n., Doc. 23 : 17.] 

MlNISTEY OF FOEEIGN RELATIONS, 

Santiago, March 13, 1915. 
To the Ministee of Wae and Navy : 

The provisions of the rule recorded in No. 4 of the decree of 
December 15, 1914, should be interpreted in the sense that the 
supply of coal should not exceed the quantity necessary to carry 
the vessel to its port of destination, at the same time limiting 
the supply to the ordinary capacity of its bunkers and taking 
as a basis the route and the usual stops of similar vessels. Con- 
sequently the maximum of coal which can be furnished in 
Chilean ports to merchant vessels of belligerent flag will be 
that which its ordinary bunkers can contain; but in the case of 
a voyage to a port which the vessel could gain without using 
the entire contents of its ordinary bunkers the supply should be 
reduced to the quantity necessary to bring it to this port of desti- 
nation, taking into consideration the route and the usual stops of 
similar vessels. In any case it will be necessary to demand of 
those interested a sufficient guaranty that the fuel which will 
be furnished them will not be used to aid operations of war. 



28 Neutrality Rules, Chile. 

Note of Vie Minister of Foreign Relations to the diplomatic agents 
accredited to the Government of Chile in reference to the recon- 
version of auxiliary vessels of the armed fleet into vessels of 
commerce. March 15, 1915. 

[Rev. Gen., Doc. 23: 17.] 

Ministry of Foreign Relations, 

Santiago, March 15, 1915. 
To the Minister: 

This ministry has examined with a particular interest the 
question which has been submitted to it by the British Govern- 
ment in a note of February 4 last, relating to the possibility, for 
English merchant vessels which have served up till the present 
as auxiliary vessels of the British fleet, to resume their status 
of merchant vessels and to be treated in this capacity in the 
Chilean jurisdictional waters. 

The Second International Conference of Peace assembled at 
The Hague in 1907 authorized in convention vii the transforma- 
tion of merchant vessels into vessels of war, determining at the 
same time measures intended to prevent abuses especially in ref- 
erence to the reestablishment of the privateer, abolished by the 
Declaration of Paris of 1856. 

But neither the said conference nor the London Naval Confer- 
ence of 1909 have regulated all the matters relative to maritime 
war and notably that of the reconversion to merchant vessels 
of vessels which, having formerly had this character, have sub- 
sequently been converted into vessels of war or auxiliaries to the 
armed fleet. 

Conformably to the general principles of international law the 
governments of neutral countries can regulate cases not provided 
for conventionally and apply in their jurisdictional waters the 
regulations which they adopt. The preamble of convention xiii 
of The Hague formally recognizes this right. 

The Government of Chile desires to settle the question suggested 
by the note above indicated according to the attitude of strict 
neutrality adopted by it since the beginning of the war / and also 
in conformity with the general convenience of the American Conti- 
nent, since the great European conflict has demonstrated in an 
evident manner that international rules should in the future take 
into consideration the particular conditions of this hemisphere. 

Inspired by this idea, the Chilean Government sees no incon- 
venience in admitting into the ports and jurisdictional waters of 
Chile and in treating in all respects as merchant vessels, vessels 
which have been auxiliaries of the fleet of one of the belligerent 
States, when the said vessels fulfill the following conditions: 

1. That the auxiliary vessel has not violated Chilean neutrality ; 

2. That the reconversion took place in the ports or jurisdic- 
tional waters of the country to which the vessel belongs or in the 
ports of its allies ; 



Reconversion of Vessels. 29 

3. That this was effective ; that is to say, that the vessel neither 
in its crew nor in its equipment gives evidence that it can be of 
service to the armed fleet of its country in the capacity of an 
auxiliary, as it was formerly ; 

4. That the Government of the country to which the vessel 
belongs communicates to all interested nations, and in particular 
to neutrals, the names of auxiliary vessels which have lost this 
status to resume that of merchant vessels ; and 

5. That the same Government give its word that the said ves- 
sels are not in the future intended for the service of the armed 
fleet in the capacity of auxiliaries. 

Alejandro Lira. 

Decree of the Government of Chile regarding the official relations 
of foreign diplomatic agents and consuls ivith the administra- 
tive services of Chile. March SO, 1915. 

[Rev. Gen., Doc. 23: 21.] 

No. 320. Santiago, March 30, 1915. 

Considering the convenience of regulating the official -relations 
between the diplomatic and consular functionaries, national or 
foreign, and the national administration, and following in this 
the established practice in other nations, 

It is decreed: 

1. No national or municipal service of any kind whatsoever can 
entertain relations with foreign diplomatic or consular repre- 
sentatives or with those of the Republic, nor solicit of them or 
furnish to them any information except through the intermediary 
of the minister of foreign affairs to whom either should be ad- 
dressed. 

2. In certain exceptional cases these relations can be estab- 
lished directly, but it will be necessary to obtain the express 
consent of the minister of foreign affairs and the authorization 
of the minister or cognate superior authority. 

3. No diplomatic or consular authority of the Republic can 
entertain relations of an official character with an institution, 
entity, or official authority of a State which is not included in his 
own jurisdiction, when a diplomatic or consular representative of 
the Republic, who is the natural intermediary, resides in that 
State. 

Circular relating to radio communication, April, 1915. 
[Rev. Gen., Doc. 23 : 21.] 

Ministry of Foreign Relations, 

Santiago, April, 1915. 
Mr. Charge d'affaires : 

I have the honor to inform your excellency that by decree No. 
606, dated the 9th instant, of the ministry of the interior, the 
Broom Halle Imperial Combination (except special rubber edl- 



30 Neutrality Rules , Chile, 

tion) ; Meyers Atlantic Code, thirty-ninth edition; and Code 
A Z have been included among the telegraphic codes referred ta 
in article 3 of decree No. 213 of January 25, last, of the same 
ministry. 

I reiterate to your excellency the assurance of my distinguished 
consideration. 

Alejandro Lira. 

To the Charge d'affaires of the United States of America. 

Decree of the Government of Chile on the supplying of fuel in the 
ports of Chile to belligerent merchant vessels making a direct 
voyage to European ports following the decree of December 15, 
19U h No. //. May 17, 1915. 

[Rev. Gen., Doc. 23 : 21.] 

Santiago, May 17, 1915. 
Navigation companies which require coal in Chilean ports for 
vessels of belligerent flag which wish to make a direct voyage 
to European ports should make, as a guaranty of the declared 
destination of the fuel, a deposit of 5 livres sterling per ton of 
coal loaded without prejudice to the responsibility established in 
No. 2 of decree 2009 of December 15, 1914. The deposit will be 
restored on presentation of a certificate attesting the arrival of 
the vessel at its declared destination in a proper time, which in 
each case the maritime authority will determine. This same 
authority will fix the conditions which the certificate should 
fulfill. 

Reply of the Government of Chile to the Minister of Great Britain 
at Santiago in reference to the request of the British Govern- 
ment for the admission in Chilean ports of merchant vessels 
armed for defense. July 7, 1915. 

[Rev. Gen., Doc. 23 : 24.] 

Santiago, July 7, 1915. 

Sir : I have had the honor of receiving the note of your legation 
dated June 18 last in which your excellency desires to inform me 
that the first British merchant vessel armed for defense is ready 
to leave England for Chile and that vessels in the same condition 
carry on commerce regularly with Argentina, Brazil, Uruguay, 
United States, and Spain. Your excellency adds that conform- 
ably to the rules of international law in force every merchant 
vessel has the right to defend itself when attacked, without the 
means with which it is provided for that purpose modifying its 
" status " as a merchant vessel which is that under which it 
sails; and that consequently the rules which govern auxiliary 
vessels of a fleet can not be applied to it. 

Since the outbreak of the European conflict the Government 
of Chile has endeavored to adopt all measures which, being com- 



Status of Armed Merchant Vessels. 31 

patible with its neutrality, permit it to continue its commerce 
with the European countries. In accordance with these inten- 
tions I indicated to your excellency on the 15th of March last 
that my Government saw no inconvenience in admitting into its 
ports in the quality of merchant vessels, vessels which had been 
auxiliaries of the belligerent naval forces and which had subse- 
quently resumed their character of merchant vessels so long as 
they fulfilled certain conditions guaranteeing the sincerity of 
their new conversion. 

My Government is inspired to-day by the same standard for 
settling the question which your excellence wishes to propose to 
it in the note to which I reply. 

The Chilean ports will receive merchant vessels armed for 
defense when the respective Governments previously communicate 
to us the name of the vessel which travels under these conditions 
and also the route, roll of crew, list of passengers, and cargo, as 
well as the management and the armament of the vessel, demon- 
strating that it is in reality a question of a merchant vessel 
which is not intended to carry on hostile acts nor to cooperate 
in the warlike operations of enemy fleets. 

If an armed merchant vessel arrives without this previous 
notice of the Government, it will be considered and treated as 
suspicious. If, violating their declaration, these vessels engage 
in operations of war against other merchant vessels without de- 
fense they will be forthwith considered and treated as pirates, 
since the Government of the country under whose flag they fly 
will have formally declared their exclusively commercial char- 
acter by not incorporating them into its fleet of war. 

Alejandro Lira. 

CHINA. 

Presidential mandate on the observance of neutrality during the 

European war. 

[Peking Gazette, Frtday, Aug. 7, 1914.] 

Peking, August 6, 1914. 

THE DECLARATION. 

Whereas we are happily at peace with all sovereigns, powers, 
and states; 

And whereas a state of war unhappily exists between Austria- 
Hungary and Serbia, thereby involving many other European 
powers in a state of war ; 

And whereas by faith of treaties of friendship and commerce 
we are on terms of friendship and amicable intercourse with each 
of the powers ; 

And whereas the aforesaid unhappy state of war will seriously 
affect the commerce of the Far East ; 



32 Neutrality Declaration, China. 

And whereas great numbers of our citizens reside and carry on 
commerce and possess property and establishments and enjoy 
protection together with various rights and privileges within the 
dominions of each of the aforesaid powers ; 

And whereas we, being desirous of maintaining the peace of 
the Far East and of preserving to our citizens the blessings of 
peace, which now they happily enjoy, are firmly purposed and 
determined to maintain a strict and impartial neutrality in the 
aforesaid state of war unhappily existing between the aforesaid 
powers : 

I, the President, therefore specially issue the enjoined regula- 
tions for the strict observance of neutrality by all our citizens in 
accordance with the existing laws and statutes and the law of 
nations in relation thereto. 

The field marshals and governors general of all the Provinces 
are hereby ordered to instruct their subordinates diligently and 
faithfully to follow the precepts laid down in international law 
and to maintain the friendship with all the powers with whom we 
are happily at peace. 

PRECEPTS OF NEUTRALITY. 

1. Belligerents are not allowed to occupy any part of the terri- 
tory or the territorial waters of China, nor to commit an act of 
war therein, nor to make use of any place therein as a base of 
operations against their adversaries. 

2. Troops of any of the belligerents, their munitions of war or 
supplies are not allowed to cross the territory or territorial waters 
of China. 

In the event of a violation, the troops shall submit to the 
Chinese authorities to be disarmed and interned, and the muni- 
tions of war and supplies shall be held in custody until the 
termination of the war. 

3. If belligerent warships and auxiliary vessels are found in a 
port within the territorial waters of China where they are not 
entitled to remain, China may order them to disarm and detain 
the officers and crew until the termination of the war. 

4. The troops interned and the officers and crew detained in 
accordance with articles 2 and 3, respectively, will be supplied, if 
necessary, with food and clothing until the termination of the 
war. The expenses thus incurred shall be made good by the 
respective belligerents. 

5. Belligerent warships or auxiliary vessels which are allowed 
by the local authorities to remain within the territorial waters of 
China can remain there for a period not exceeding 24 hours. If 
they are unable to depart for the sea within this period on account 
of stress of weather, or on account of the fact that the repairs to 
damage are not completed, or of the fact that they have not 
shipped a sufficient quantity of necessary food, provisions, and 
fuel to enable them to reach the nearest port of their own country, 



General Principles. 33 

they shall leave it to the commanders of the Chinese navy or the 
local authorities to consider an extension of the time limit. They 
must leave as soon as the circumstances of the delay are at an 
end. 

6. Except on account of stress of weather or repairs to damage, 
the number of warships or auxiliary vessels belonging to a bel- 
ligerent which may simultaneously remain in one of the ports or 
roadsteads of China shall not be more than three. 

7. When warships or auxiliary vessels belonging to several bel- 
ligerents are present simultaneously in one of the ports of China, 
the ship or vessel which arrived later can not leave until 24 hours 
after the departure of the one which arrived earlier and until 
after the receipt of an order to proceed from a commander of the 
Chinese navy or the local authorities. 

8. Belligerent warships and auxiliary vessels are forbidden to 
revictual their supplies in the territorial waters of China above 
the peace standard or to increase their fighting strength. 

9. Belligerent warships or auxiliary vessels are forbidden to 
make captures in the territorial waters of China and, except when 
it is absolutely necessary on account of stress of weather or 
repairs to damage or seeking supplies, they are also forbidden to 
bring a prize into any of the ports of China. They must leave as 
soon as the circumstances of their entry are at an end. During 
their stay they are also forbidden to allow the prisoners of war 
to go on shore or to sell the prize and its contents. If belligerent 
warships or auxiliary vessels do not conform to the foregoing pro- 
vision, China may release the prize and the prisoners of war, 
intern the prize crew, and confiscate the ship or vessel or the 
good?. 

Prisoners of war brought into the territory of China by bel- 
ligerent troops, as well as those who escape to China, will be 
released forthwith. The troops who bring prisoners of war into 
the territory of China will be interned. 

10. Articles 3, 5, 6, and 8 are not applicable to belligerent 
vessels of war devoted exclusively to scientific, religious, or 
philanthropic purposes. 

11. Within the territory and the territorial waters of China 
belligerents are not allowed to form corps of combatants or equip 
fighting vessels or open recruiting agencies or establish a prize 
court or set up a blockade of one of the ports. 

12. The guards attached to the legations of the various powers 
in Peking and their troops stationed along the route between 
Peking and Shanhaikuan shall continue to conduct themselves 
so as to conform to the peace protocol of the 25th day of the 
7th moon of the 27th year of Kuang Hsu, i. e., September 7, 1901, 1 
They are not allowed to interfere with the present war. 

The foreign troops stationed in other parts of China shall act 
likewise. 



x Malloy, Treaties, p. 2006. 
79596—17 3 



34 Neutrality Declaration, China. 

Those who do not conform to the foregoing provisions may be 
interned and disarmed by China until the termination of the 
war. 

13. Belligerents are not allowed to deprive Chinese who reside 
within their dominions of their money or property or force them 
to enlist in their military service. If necessary, China may dis- 
patch warships to render them protection or to take them out of 
the country. 

14. The fact of China using various means to resist an attempt 
of a belligerent to violate these articles of neutrality can not 
be regarded as a hostile act. 

15. Chinese citizens within the territory and territorial waters 
of China are not allowed to proceed to' a belligerent power to 
enlist in its military service or as a member of the crew of one 
of its warships or auxiliary vessels. Nor are they allowed to 
participate in the war. 

16. Within the territory and the territorial waters of China 
no person is allowed to arm and equip for a belligerent or furnish 
ships or stores and military supplies, such as shots and cartridges, 
gunpowder, saltpeter, arms, etc., for the purpose of performing 
acts of war or making captures. Nor are they allowed to supply 
any of the belligerents with funds. 

17. Within the territory and the territorial waters of China 
no person is allowed to carry on the work of espionage for any 
of the belligerents, or prepare dispatches concerning the oper- 
ations of the war on its behalf. 

18. Without the permission of a commander of the army or the 
navy or the local' authorities no person within the territory or 
territorial waters of China is allowed to sell coal, fuel, or food 
provisions to the troops or any of the warships or auxiliary 
vessels of the belligerents. 

19. Without the permission of the local authorities no person 
within the territory and the territorial waters of China is allowed 
to repair or load or unload a prize on behalf of a belligerent, nor 
to sell, exchange, accept as a gift, or keep in custody the prize 
and all the belongings taken as prize. 

20. Chinese ships and all persons on board them shall observe 
the regulations in force at any port effectively blockaded by one of 
the belligerents and must not carry contraband of war or forward 
military despatches or transport goods for one of the belligerents 
or commit other acts in violation of the laws of war. 

21. Any person within Hie territory or the territorial waters of 
China who violates those articles of neutrality, if he is a Chinese, 
will be punished in conformity with the laws and ordinances, and 
the goods confiscated ; if he is a foreigner he will be dealt with in 
accordance with treaty and the law of nations. 

22. Chinese citizens who violate the laws of war and are cap- 
tured by a belligerent will be left to be dealt with by its courts in 
accordance with the law of nations. If the capture by the bel- 
ligerent is illegal, it shall indemnify any loss or injury. 



Supplies to Vessels. 35 

23. Belligerents are not allowed to detain the arms or contra- 
band of war carried by Chinese vessels between Chinese ports or 
for or from another neutral country. The ordinary commercial 
goods carried by Chinese vessels and belonging to a belligerent, 
as well as all goods belonging to China and carried in belligerent 
vessels, shall be allowed to pass to and fro without let or molesta- 
tion. 

All belligerents shall recognize and give effect to the passports 
and certificates issued by China. 

24. The cases not provided for in the present articles will fa« 
dealt with by China in accordance with the convention respecting 
the rights and duties of neutral powers and persons in case or war 
on land and the convention concerning the rights and duties ot 
neutral powers in naval war, concluded between China and the 
other powers at The Hague in 1907. 

COLOMBIA. 

Resolution of the Colombian Government relative to the supplies 
which may be delivered to vessels of tear and merchant vessels 
of belligerent States in Colombian ports. August 13, 19 ///. 

[Republico de Colombia, Informe del Ministerio de Relaciones Exteviores 
al Congreso de 1915, p. 169.] 

Ministry of Foreign Relations. 

Bogota, August 13, 1914. 

In view of the war at present being waged between various 
European powers ; 

In view of the notification and communications relating to the 
clearance of vessels which some of these powers have made to the 
Government of the Republic by the intermediary of their legations 
in this city ; 

Considering the duties imposed on the Colombian Government 
by its neutrality in reference to the belligerent States, and 

Considering the theory followed on this subject by this min- 
istry, which is a result of the conduct pursued by the Colombian 
Government in the wars of 1879 between Chile, Peru and Bolivia ; 
of 1S91 between the Government of Chile and the insurrection 
which had arisen against it ; and of 1898 between Spain and the 
United States of America ; 

It is resolved as follows: 

The governors of the Departments of Narino, Canca, El Valle, 
Bolivar, Atlantico, and Magdalena will take for guidance on the 
subject of the clearance of merchant vessels or vessels of war of 
the belligerent nations the following rules which will be trans- 
mitted to the authorities of the respective ports, to wit : 

1. To prevent, by using due diligence, the shipment of arms, 
munitions, and other materials of war in the vessels of any of the 
belligerent squadrons. 



36 Neutrality Resolutions, Colombia. 

2. To prevent the shipment of the same articles on merchant 
vessels if an authorized agent has declared the cargo to be des- 
tined for the forces carrying on military operations. 

3. To prevent the loading of coal in vessels of the squadron 
itself unless it is proved that the vessel is unprovided with coal 
and that it should receive, in order to fill up its bunkers, only 
the quantity of coal strictly necessary for reaching the nearest 
foreign port. 

4. To permit vessels of war to provide themselves with pro- 
visions and other articles not arms, munitions, coal, and other 
materials of war. 

The standard to which the regular practice in this matter is 
referred is the exact definition of that which should be signified 
by contraband of war. The primary notion of contraband in- 
cludes only articles which by their nature are intended for a war- 
like use. There is also occasionally included as contraband, 
articles, the classification of which can not be determined in a 
resolution like the present. The development of commerce and 
means of war may give the character of occasional contraband 
to objects which formerly did not have this character. In this 
case the respective authorities will consult the Minister of For- 
eign Relations, in other cases they will act conformably to the 
admitted rules which impart the idea that articles of contraband 
are restricted to articles which by themselves serve for the con- 
duct of war. 

The present resolution has a provisional character. It will be 
applied until a more profound study of the principles and motives 
on which it is based shall have introduced modifications. 

It should be transmitted by telegraph to the governments of 
Narino, Canca, El Valle, Bolivar, Atlantico, and Magdalena. 

Published in the Journal Official. 

By His Excellence the President of the Republic. 

The Minister of Foreign Relations, 

Marco Fidel Suarez. 

Addition to the resolution of August 13, 191J,, on neutrality in ref- 
erence to the clearance of vessels, especially in the matter of 
radio-telegraphy. August 22, 191//. 

[Republico de Colombia, Informe del Ministerio de Relaciones Exteriores 
al Congreso de 1915, p. 171.] 

Ministry of Foreign Relations, 

Bogota, August 22, 191). 
Considering that at the Second Conference of The Hague in 
1907, the contracting nations have indicated among the obliga- 
tions of neutral states that of preventing in their waters the 
use of radio stations installed on vessels of belligerent nations 



Radiolelegraphy. 37 

and of preventing the clearance of merchant vessels which have 
been armed for war on the high seas ; 

Considering that the representatives of Colombia have sub- 
scribed to thesn provisions ; and 

Considering that, although the provisions of the conference 
cited, to which the Republic adhered, have not yet been ap- 
proved by the Colombian Congress, these provisions form, never- 
theless, a true theory as respectable by its origin as by its clear 
foundation ; 

It is resolved as follows: 

The following additions are made to the resolution of August 
13, 1914, of this ministry on neutrality in reference to the clear- 
ance of vessels; 

The authorities of the maritime ports of the Republic will 
notify vessels of the nations at war that they are not permitted, 
so long as in Colombian waters, to use their radio installations, 
which should be dismantled during the time ; and that in the 
same circumstances no preparation can be made for converting 
merchant vessels into vessels of war on the high seas. 

Let this resolution be communicated to the governors of Narino, 
Canca, El Valle, Bolivar, Atlantico, and Magdalena. 

Published in the Journal Offlciel. 

By His Excellency the President of the Republic. 

The Minister, 

Marco Fidel Stjarez. 

Resolution, additional to those of August 13 and 22, 1914, on the 
neutrality of the Republic of Colombia in the present war 
between various powers, especially in reference to radioleleg- 
raphy. September 1, 1914. 

[Republico de Colombia, Informe del Ministerio de Relaciones Exteriores 
» al Congreso de 1915, p. 172.] 

Ministry of Foreign Relations, 

Bogota, September 1, 1914. 
Considering: 

1. That according to article 7 of the contract made July 19, 
1911, between the ministry of the Government and the United 
Fruit Co. (Compagnie Frutera Unidos) the radio service of the 
company to Santa Marta should be absolutely neutral in case 
of war; 

2. That conformably to article 45 of the contract made between 
the ministry of the Government and the radio company the radio 
service of the company to Cartagena is submitted in case of for- 
eign or internal war to the supervision and the preventive cen- 
sorship of the local authorities ; 

3. That, even in cases where there does not exist similar for- 
mal and special provisions by the fact alone that the installations 
of radio telegraphs in Santa Marta and Cartagena are in Colom- 



38 Neutrality Resolutions, Colombia. 

bian territory and furthermore on territory which is the prop- 
erty of the Government, the respective companies which are usu- 
fructs or possessors of these installations are bound to respect 
and not to compromise the neutrality of the Republic ; 

It is decreed: 

The radio station of Santa Marta and the radio station of 
Cartagena, so long as the present war between various nations 
lasts, and by this fact itself, the rights and duties of Colombia 
as a neutral state will be in force, can not be put in use without 
a strict observance of the provisions of article 7 of the contract 
of July 19, 1911, and of article 45 of the contract of May 11, 
1912. Consequently the use of these stations will be submitted 
to the supervision and the censorship of the authorities of Santa 
Marta and Cartagena in such a manner that no communications 
capable of being considered as having a military character or as 
favoring operations of war may be sent or transmitted. 

Let this decree be communicated by telegram to the governors 
of Magdalena and Bolivar with mention of urgency, recommend- 
ing that they acknowledge receipt by telegram and immediately 
publish measures such that the decree may receive a prompt and 
complete effect. 

Published in the Journal Officiel 

By His Excellency the President of the Republic. 

The Minister, 

Marco Fidel Suaeez. 

Resolution additional to those of August 13 and 22 and September 
1, 191J t , on the neutrality of the Republic of Colombia in the 
present war between various powers, especially in reference to 
radiotelegraphs. September //, 1914- 

[Republica de Colombia, Informe del Ministcrio do Itelaciouos Exteriores 
al Cbngreso de 1915, p. 17.3 : Rev. Gen., Doc.' 23 : 28.] 

Ministry of Foreign Relations, 

Bogota. September ]1. J!) I .). 
Considering: 

1. That, conformably to article 45 of the contract made May 
11, 1912, between the ministry of the Government and the radio 
company of Cartagena, the company in case of foreign war is 
under the obligation to submit its service to the supervision of 
the local authorities and the transmission and delivery of its 
dispatches to the preventive censorship of the same authorities ; 

2. That, as is known, the condition of a foreign war is at 
present being realized and that consequently the obligations of 
supervision and preventive censorship exercisable by I lie local 
authorities are in effect for the company ; 

3. That, according to the indications of the government of 
Cartagena, I his supervision and preventive censorship, to be effec- 
tive, requires the cooperation of experts with the necessary quali- 



Radiotelegraphy. 39 

fications of ability and of neutrality demanded by the existing 
circumstances ; 

4. That at this time there are not at hand experts who combine 
such qualifications, which renders it impossible to accomplish 
the functions which the contract has imposed upon the local 
authorities ; 

5. That, for this reason, the Government has received some 
complaints and reclamations against the transmission of dis- 
patches at the radio station of Cartagena, complaints and rec- 
lamations founded on the fact that the radio company has dis- 
regarded the neutrality of the Republic in the war carried on by 
various States ; 

It is resolved: 

The service of the radio station of Cartagena is temporarily 
suspended until, by virtue of the cooperation of suitable experts, 
the supervision and preventive censorship of the local authorities 
may be realized in the service of the station and in the trans- 
mission and delivery of its dispatches. As soon as suitable ex- 
perts can be employed, who will render possible the preventive 
censorship and in this manner the neutrality of the Republic will 
in a measure be clearly guaranteed, the station can resume its 
service by submitting to the obligatory censorship and super- 
vision. 

The governor of Cartagena in notifying this decision, will also 
warn the radio company, conformably to article 18 of the contract 
of May 11, 1912, that the nonaccomplishment of article 15 or of 
any of the stipulations of the contract will give the Government 
the right to declare the contract void by administrative action. 

Communicated by emergency telegram to the government of 
Cartagena. 

Published in the Journal Officiel. 

By His Excellency the President of the Republic. 

The Minister, 

Marco Fidel Suarez. 

Circular of the Minister of Foreign Relations of Colombia to the 
editors of periodical publications in Colombia on the subject of 
the neutrality which the press should observe in the present 
war. November 27, 1914- 

[Republica de Colombia, Informe del Ministerio de Relaciones Exteriores 
al Congreso de 1915, p. 119 ; Rev. Gen., Doc. 23 : 31.] 

Ministry of Foreign Relations, 

Bogota, November 27, 191%. 
Mr. Editor : The gigantic war which has for four months deso- 
lated various nations and afflicted the world affects not only the 
belligerents but creates very delicate and grave duties for neu- 
trals. From first to last civilized peoples all meet in neutrality 
occasions for fear and annoyance because of the importance of 
their duties as well as because of the dangers which nonobserv- 



40 Neutrality Resolutions, Colombia. 

ance of these duties may bring in the shape of possible future 
reclamations. 

When our Government spoke for the first time of Colombian 
neutrality in the present war, certain writings, termed the offi- 
cial resolutions, " ridiculous acts," attributing to the idea of 
nation an importance which it does not have. These publicists 
have without doubt forgotten the first rudiments of these ques- 
tions, since it is known that all international persons, feeble or 
powerful, have duties and rights in time of peace or in time 
of war. 

Neutrality imposes obligations primarily upon governments, 
their agents, and their forces, but the civil society, that is to say 
the people, individuals, and associations, and the organs of public 
opinion are no longer in this respect exempt from certain duties. 
Although the progress of law to-day tends to limit war to gov- 
ernments and to armies relieving the population from hostilities, 
neutrality on the contrary by virtue of analogous humanitarian 
ideas tends to be applied to the population itself as well as to the 
authorities. To-day, the public opinion of the United States con- 
ceives of a social neutrality inspired not by strict law but by 
common prudence and fraternity and disposed to consider the 
susceptibilities of peoples. 

The most fertile field of application for this new conception of 
neutrality is the periodical press. The press can inflame the 
opinion of a neutral society and occasion there veritable damages 
by its tone and its criticisms. There may result from this de- 
plorable consequences as the injury of aliens domiciled in the 
territory, traditional friends of the nation in which they reside, 
bound to it by the bonds of family and useful to its progress and 
to its culture; as offenses to powerful governments in the person 
of their rulers or their sovereigns, who will bring it about that 
later their governments will not regard the country with favor, 
although it may have need of them for the development of its 
credit and its commerce ; as finally an attaint upon a good public 
reputation, of which a cultivated press is the principal element. 

A course, discreet, correct, and moderate on the part of the 
periodical publications whenever they treat of facts relative to 
the belligerents should be regarded as a kind of duty for neutral 
societies, although it is a question here of an imperfect duty, for 
there is a want of sanction. Thus one can not disapprove, Mr. 
Editor, of the complaint which, under date of the 25th instant, his 
excellency the minister of the German Empire at Bogota ad- 
dressed to this ministry against certain articles published by the 
press of this capital, any more than of the reply of the minister to 
his excellency indicating publicly the ideas and sentiments ex- 
pressed in the present circular. 

Not because the public authorities are the only personalities 
upon whom is incumbent the duty of showing neither favor nor 
hostility to belligerents, nor because impartiality can coexist with 



Circular to Press. 41 

sympathies or antipathies more or less definite, nor finally be- 
cause the liberty of the press authorizes in practice all kinds of 
publications, ought one to admit as proper the possibility for the 
press to take no account of truth, courtesy, and good will. 

Absolute liberty of the press does not nullify the duty here in 
question. If to-day it has begun to be recognized that culture, 
truth, and good will are imposed on periodicals from the point of 
view of neutrality, that is to say, that such practices are becom- 
ing a duty between nations, and if international law constitutes 
a part of the law of a country, it clearly results that these rules 
of propriety should impose an obligation upon the most free press. 

The fact that neutrality can coexist with sympathy no longer 
justifies the doctrine which we combat. 

Sympathy is a thing, just and indeed necessary, for a state of 
absolute indifference is impossible for the spirit or for the soul. 
But sympathies and antipathies can be expressed in the reason- 
able form of truth, in the respectful form of courtesy, and in the 
Christian form of good will. 

It is no longer true to say that once the Government has offi- 
cially observed impartiality, associations, individuals, and the 
press can express themselves as they please, for we have seen that 
such an attitude may wound aliens domiciled in the country, 
occasion the hostility with all its injurious consequences of 
powerful governments, tarnish the good reputation of the country 
itself. 

A proof of the truth of the preceding reflections is found in 
some passages of the famous speech delivered on September 9 
by Senator Stone, chairman of the Committee on Foreign Rela- 
tions of the Senate of the United States : 

Another thing to which I desire to call especial attention and empha- 
size is the partisan attitude being assumed by many of the great publica- 
tions of this country. Knowing how potent these publications can be in 
creating public opinion and in fomenting factional strife, it is natural 
that those upon whom the responsibilities of government are cast should 
look upon this particular phase of partisanship with deep solicitude and 
apprehension. The managers of these great publications, even far more 
than individual citizens in more private walks, should be very mindful 
of the patriotic duty they owe their own country in this great emergency. 
It is a source of profound regret tbat so many influential journals and 
periodicals are beginning to take sides in this mighty contest, and are 
beginning not only to express their sympathies for the one side or the 
other, but to indulge in harsh criticism and sometimes in denunciations 
of the Governments and the armies of those with whom they are not in 
accord. This is not only hurtful at home in 'exciting animosities among 
our own people, but it creates bad impressions and arouses hot resent- 
ments abroad ; and moreover it should be manifest to every man that 
this sort of thing works estrangements and makes free and cordial 
intercourse between this Government and the Governments of the nations 
at war more difficult and embarrassing. How can any patriotic and 
right-thinking American forget that ours is the only one of the great 
world powers holding the enviable but delicate position of absolute neu- 
trality? To that policy, founded upon the love of peace and springing 
from an honest desire to be of service to mankind, we are pledged by the 
most solemn assurance, and to a strict observance of tbat pledge we are 
bound by every consideration of national interest and honor. It is 



42 Neutrality Resolutions, Colombia. 

it mazing that great editors and publishers should so forget the supreme 
duty they owe to their own Government as to become callous about and 
thoughtless of the Nation'3 plighted faith, and to indulge in vituperative 
attacks upon the rulers or the Governments of any of the belligerent 
powers, or seek to arouse against any of them a hostile public sentiment 
in this country. 1 

Nothing is more natural than to give information on the 
progress of a conflict which interests us much, as it interests all 
people ; but this information, far from augmenting the feelings to 
which the existence of any struggle naturally gives birth, should 
tend to develop the views which we formulate in order that con- 
cord may replace hate and in order that there may be an end to a 
warlike devastation, the greatest in which man has yet taken 
part. Thus commands justice, interest, and the spirit of religion ; 
thus persuades the conditions of the States in conflict. How 
much is it to be desired that a state of peace and progress be 
reestablished for all of them? Belgium, the fine nation of industry 
and social well being merits more than any other people that such 
a .wish be realized. France merits it also, for she is the organ 
par excellence of the civilization of the world. England, the 
same, by reason of the services which she has rendered for centu- 
ries to the liberty of peoples. The German Empire equally merits 
it, for her powerful culture in which is combined science, commerce, 
industry, public instruction, and domestic morality ; Austria for 
the prestige of the Holy Empire which the diverse elements of 
her nationality entails ; Russia, because some day to the grandeur 
of her territory will be added the grandeur of social and political 
reforms. The same wish corresponds to our ardent desire that 
there be an end to a war which already overwhelms us by the 
fatality of its consequences and which each day renders more 
injurious to us. 

If you wish, Mr. Editor, to interpret faithfully the feelings of 
this circular, elaborated according to the instructions of the 
Republic, you must see in it not the need of acting as a school- 
master, but the intention of preventing for the Government the 
difficulties of complaints and the desire to render peace so effec- 
tive in our territory that its wings will cover even the manifesta- 
tions relating to the modest neutrality of our fatherland. 

I have the honor to be your respectful servant and compatriot, 

Marco Fidel Suarez. 

Resolution by which the radio station of Cartagena is dosed dur- 
ing the European tear. December 5, 101'/. 

[Republiea de Colombia, Informe del Ministerio de Relaciones Exteriores 
al Congreso de 1915, p. 116.] 

Ministry of Foreign Relations, 

Bogota, December 5. 191'/. 
Considering that in article 15 of the contract made May 23, 
1912, between the ministry of the Government ami the radio com- 



1 Congressional Record, 51 : 14853. 



Radio Censorship. 43 

pany at Cartagena (Gesellschaft fur Drathlose Telegraphie, 

M. B. H.) it is stipulated that in case of foreign war the radio 
station can function under the inspection and the censorship of 
the Government, the object obviously being to assure the neutral- 
ity of the Republic in relation to the belligerents ; 

Considering that, in the first days of the European war, care 
was taken to establish the inspection and the censorship stipu- 
lated in the contract, but that later it became clear that these 
measures would not be satisfactory because of the lack of com- 
petent experts effectively representing the Government in order 
to give assurance that the station will neither receive nor trans- 
mit messages capable of violating the territorial neutrality of 
Colombia ; 

Considering that by reason of this circumstance the radio sta- 
tion of Cartegena has been provisionally closed until a competent 
technician has been found to exercise the supervision and censor- 
ship of the radiotelegraph ; 

Considering that, subsequently, the technician desired was 
found and that a contract was made with him requiring a 
monthly remuneration of 1,200 pesos in gold, charged to the Gov- 
ernment, and that his presence at Cartagena and his supervision 
of the station has been constant, in such a manner that no mes- 
sages have been received or transmitted without the interpreta- 
tion of the censor, and for this reason it was ordered that only 
messages in the Spanish, English, or French languages would be 
allowed and that the use of any cipher whatsoever w T ould ,be 
prohibited : 

Considering that the supervision and the censorship to which 
the Government has a right by virtue of the contracts cited and 
to which it was obligated by reason of its duties of interna- 
tional neutrality having been established in this manner, the 
legation of Great Britain has asked that the German employees 
be excluded from the radio station ; 

Considering that, in spite of the fact that the censorship exer- 
cised by means of the technician named for this work has been 
constant and has prevented, in the opinion of the Government, all 
messages contrary to neutrality, the Government, at the depart- 
ure of the inspector of the station which was closed, wished 
finally to follow in the circumstances the practice which the 
Government of the United States would adopt, and with this 
object obtained the necessary information ; 

Considering that consequently it has been ordered to exclude 
absolutely from all employment or from all business in the radio 
station every employee, German or belonging to any other nation- 
ality engaged in the present European conflict, the measure being 
notified in sufficient time to those interested by the governor of 
Cartagena ; 

Considering that, by reason of the closing of the station at 
this time on account of an injury to the apparatus and of the 



44 Neutrality Resolutions, Colombia. 

absence of the censor inspector who has been replacing the 
commission relative to neutrality on the coasts of Darien, it has 
not been necessary to name the controller, who, in the pay of this 
Government, should audit the accounts of radiotelegraphy in 
order to pay them periodically to the company ; 

Considering that the resolution of the Government having been 
notified to the representative of the Telefunken Co. at Bogota, 
the legation of the German Empire in this city declared by a 
note of this day that the company saw no objection to closing 
the station, to count from this day until the end of the war 
which has given rise to the present situation of neutrality, and 
that it would demand of the Government no indemnity for the 
time during which the inactivity of the radio station might last, 
all this being considered as an act of spontaneous solicitude on 
its part; 

It is resolved as follows: 

The ministry accepts in the name of the Government the dec- 
laration made by his excellency, Dr. Kracker von Schwartzen- 
feldt, envoy extraordinary and minister plenipotentiary of the 
German Empire, in a note of this day, and in the name of the 
radio company of Cartagena, by which the said company is said 
to desire the closure of the station, renouncing all claims for 
the lucrum cessans. The Government is pleased to recognize the 
spirit of friendship and justice which this declaration indicated. 

The necessary instructions will be transmitted to the governor 
of Cartagena, so that, agreeably to the representatives of the 
company at the above-mentioned stations, this will be closed 
and the apparaus put in a place of security in such a manner 
that it will not suffer deterioration or damage by reason of non- 
usage during the time of closure, and that all the other acts, 
which in view of the local and special circumstances are neces- 
sary for the efficiency of the closure and for preventing all dam- 
ages to those interested, may be executed. 

Published in the Journal Officiel. 

By His Excellency the President of the Republic. 

The Minister, 

Marco Fidel Suarez. 

Resolution additional to those relating to radio stations in 
Colombian territory. July 14, 1915. 

[Republica de Colombia, Informe del Ministerio de Relaciones Exteriores 
al Congreso de 1915, p. 188.] 

Ministry of Foreign Relations. 

Considering: 

1. That in Colombian territory there are at present estab- 
lished a radio station situated at Cartagena belonging to a 
German company, a station at San Andres de Providencia, the 



Radio Stations. 45 

object of a contract between the Government and a German 
company and which has been admitted by the respective authori- 
ties ; finally, a station at Santa Marta which is the property of 
a company of the United States ; 

2. That the station at Cartagena has been closed voluntarily 
by its proprietors and possessors since the first days of Decem- 
ber, 1914, following an official note of the honorable legation of 
the German Empire in this city of the 5th of the said month ; 

3. That the station at San Andres, although the property of 
the Colombian Government, has not remained continuously in 
operation and that it has been closed by order of the Ministry 
of the Government in view of the impossibility of finding a neu- 
tral expert who can look after its service in a permanent 
manner ; 

4. That the station at Santa Marta is to-day in activity and 
offering its service to commerce and to the public in accord with 
its rights and rules ; 

5. That in Colombian ports of the Atlantic there have been 
and at present are merchant vessels of belligerent nationality 
whose radio apparatus has been rendered incapable of service 
on the order of the authorities of the Republic ; 

6. That the station of Cartagena, since it has been closed, has 
remained materially incapable of operation because of the means 
taken for preventing its use, and has also remained morally 
incapable of being employed as a consequence of the declaration 
made voluntarily by his excellency the German minister at 
Bogota ; 

7. That, in spite of these measures ordered from the beginning 
and others adopted later, for example, those relating to the an- 
tenna? of apparatus which have been brought down and sur- 
rounded by water, the Government has promised the legations 
most interested in this subject to increase the precautions for the 
protection of its neutrality to the end of assuring so far as possi- 
ble the rights of belligerents as well as its own duties and rights ; 

8. That to this end, apart from the constant vigilance exercised 
by the authorities of Cartagena and by the official expert who 
represents the Government, conformably to the contract of Sep- 
tember 17, 1914, the above-mentioned station has been studied 
and its condition has been investigated by two neutral foreign 
technicians, one a radio expert of the vessel Carillo and the other 
a similar expert of the vessel Santa Marta, both of Anglo- 
American nationality, who have declared that the use of the sta- 
tion at Cartagena has been completely prevented and is absolutely 
impossible ; 

9. That, in addition to the declaration of its own technical 
commissaire and of the declarations of the foreign neutral ex- 
perts indicated, the Government has attempted to obtain from 
the United States, with the exclusive object of proceeding to a 
new investigation of the situation, an expert in the pay of the 



40 Neutrality Proclamation, Cuba. 

Republic, it being impossible to have an expert of Austrian 
nationality, evidently disqualified for such a mission ; 
It is resolved: 

1. The radio station of Cartagena will continue, subject to the 
measures previously adopted for preventing its use, under the 
inspection and supervision of the official Colombian expert and 
the local political authorities. If these authorities, in accord 
with the expert, consider new orders or new measures necessary 
for the better assurance of the neutrality of the Republic, they 
will decree them on their own authority in urgent cases and in 
ordinary cases will consult this ministry- The home of the Ger- 
man employees who previously worked in the station will not be 
troubled, although this home be near the place of the radio appa- 
ratus, the use of this apparatus continuing to be absolutely 
impossible. 

2. The station of San Andres will remain closed for a time and 
in the manner which will be indicated by the competent ministry. 

3. The station of Santa Marta can continue to exercise its 
rights, but subject always to the departmental and national 
authorities; but it can not have in its service individuals of the 
nationality of any of the belligerents. 

4. The vessels belonging to belligerent states and lying in 
Colombian waters will continue to be subject to the supervision 
and to the inspection of the authorities of the Republic, and 
their apparatus will remain incapable of operation and paralyzed 
in a manner believed to be effective ; and, if necessary, they will 
be transported to land, in whole # or in part, as will be prescribed. 

Let this resolution be communicated to the honorable legations 
of the United States, Great Britain, the German Empire, and the 
French Republic in this city and transmitted by courier to the 
governors of Bolivar, Atlantico, and Magdalena. 

Published in the Journal Offlciel. 

Done at Bogota, July 14, 1915. 

By His Excellency the President of the Republic. 

The Minister, 

Makco Fidel Suaeez. 

CUBA. 

Proclamation of neutrality, August 5, 191J/. 1 
[Boletin Oflcial de la Secretaria de Eslado, 1914, p. 361.] 

To the citizens of Cuba: 

According to the official information received at the Office of 
the Secretary of State, there actually exists a state of war be- 

1 Similar proclamations were issued in reference to the wars between 
Russia and Austria-Hungary, Aug. 13, 1914 ; France and Turkey, Nov. 9, 
1914; Austria-Hungary and Italy, May 25, 1915; Italy and Germany, 
Sept. 9, 1916. 



General Provisions. 47 

tween Austria, Servia, Germany, Belgium, France, and England. 
As it has been communicated to the belligerent nations that the 
Government of the Republic will observe the strictest neutrality 
during the conflict, in accordance with the rules of international 
law, I make known the decision of the Government so that all 
the inhabitants of the territory of the Republic and all Cuban 
citizens may act in accordance with said declaration of neutrality. 
Mariel, the fifth of August, nineteen hundred and fourteen. 

M. G. Menocal. 

Decree providing for the observance of neutral duties, August 10, 

1914. 

[Boletin Oficial de la Secretaria de Estado, 1914, p. 361.] 

In accordance with the proclamation, published by an order of 
the fifth of August of the present year, announcing the strict 
neutrality to be 6bserved by the Government of Cuba as well as by 
all its inhabitants and all Cuban residents abroad in regard to the 
belligerent powers in the present European conflict, it has been 
resolved to publish the rules which follow and which have been 
consecrated by the practice of nations and by several treaties be- 
tween various countries as well as by other conventions, in several 
of which the Republic of Cuba has taken part, in order that they 
may be kept in evidence and duly observed : 

First. No belligerent shall establish in the territory of the Re- 
public of Cuba stations of radiotelegraphy or any other apparatus 
whatever destined to be a means of communication with belliger- 
ent forces, be these on land or sea. 

Second. It is forbidden to form corps of combatants or to open 
enlistment offices in the territory of the Republic of Cuba for the 
benefit of a belligerent. 

Third. It is forbidden for a belligerent to make use of a wire- 
less telegraphy apparatus belonging to the Government. 

Fourth. No Cuban citizen residing in a belligerent country 
shall be able to avail himself of his neutrality if he commits 
actions of hostility against or in favor of a belligerent, especially 
so if he voluntarily enters into military service in favor of one 
of the belligerent parties. 

Fifth. It will not be allowed for any hostile action, including 
capture or right of search, to be done by a belligerent in the 
lawful waters of Cuba. 

Sixth. No belligerent shall be allowed to hold a prize court in 
the territory of the Republic of Cuba or in vessels in the lawful 
waters of Cuba. 

Seventh. Within the jurisdiction of the Republic of Cuba it 
shall be forbidden to arm and equip vessels when there is reason 
to believe that these are destined to serve as ships of Avar or 
to be used in hostile operations against any one or more of the 
powers with which this Republic is at peace. 



48 Neutrality Proclamation, Cuba. 

Eighth. Vessels of belligerents shall not remain in the ports, 
inlets, and lawful waters of the Republic of Cuba for more than 
twenty-four hours unless they are obliged to do so because of 
being unseaworthy or because it is impossible, in that space of 
time, for them to provide themselves with the amount of fuel 
necessary to carry them to the nearest port of their own national- 
ity. However, they will be required to leave as soon as the 
cause for delay in their departure has been eliminated. 

Ninth. Belligerent ships of war shall not carry on repairs in 
ports or inlets of the Republic otherwise than in the measure 
necessary for the safety of their navigation and without increas- 
ing in any manner their military strength. Competent authorities 
or functionaries of the Republic shall judge of the necessity of the 
repairs pending, and said repairs shall be completed as rapidly 
as possible. 

Tenth. Belligerent vessels shall not make use of ports, inlets, 
and lawful waters of the Republic to renew or increase their 
military provisions or armaments or to increase their crews. 
However, they may take on board, in the ports of the Republic, 
provisions in such quantity as would be normal and necessary 
in time of peace; furthermore, they shall not be allowed to take 
on more fuel than is necessary to carry them to the nearest port 
of their own nationality. 

Eleventh. Belligerent ships of war which have taken on fuel 
at a port of the Republic shall not be allowed to renew their 
provision in any Cuban port before the expiration of three 
months. 

Twelfth. It shall not be allowed to bring prizes into the ports of 
the Republic unless their condition is such as not to allow of 
navigation, or on account of high sea or lack of fuel or provisions; 
they shall, however, always be obliged to leave as soon as the 
cause of delay is removed. Failing to leave promptly the officers 
and crew of the prize shall be set at liberty and the crew on board 
the captain's ship shall be interned. 

Thirteenth. A prize which has not been brought into a port of 
the Republic under the circumstances mentioned in the paragraph 
above shall be set at liberty. 

Fourteenth. In case a belligerent vessel should refuse to leave 
a port of the Republic after having received notification from the 
competent Cuban authorities the vessel shall be disabled so that 
it may be unable to navigate until the end of the war, and the 
commander of said vessel shall be obliged to facilitate the dis- 
abling of the ship. Thus disabled the vessel shall be interned 
and its officers and crew shall be detained; they shall be allowed 
to live on their own vessel or another vessel or to find lodging on 
land, a certain number of men necessary for the care of the 
interned vessel remaining on it, without embargo. The officers 
shall be allowed to remain on land, provided they give their word 
thai they will not leave the territory of the Cuban Republic with- 
out authorization. 



Radio Regulations. 49 

This order shall become effective on its publication in the 
Gazette; the Secretaries of State, of Government, and of Finance 
will take charge of its execution, respectively, according to the 
nature of the question. 
Mariel, the tenth of August, nineteen hundred and fourteen. 

M. G. Menocal, President. 
Paul Desvernine, 

Secretary of State. 

Circular to the foreign consular corps relating to radio apparatus. 

[Boletin Oficial de la Secretaria de Estado, 1914, p. 507.] 

Habana, September 24, 191%. 

Mr. Consul: In order to give due effectiveness to the order of 
the Honorable President of the Republic, on date of August 10 
ultimo, regarding the neutrality to be observed in Cuban terri- 
tory in consequence of the European conflict, the Government 
has resolved the following: 

1. All commercial vessels of belligerent nations carrying wire- 
less telegraphy apparatus that find themselves in, or arrive at 
the ports of the Republic shall keep one flag hoisted while they 
remain in said ports. 

2. Mercantile vessels, both Cuban and foreign, which carry 
wireless telegraphy apparatus shall not use these during their 
stay in the ports of the Republic. 

I have the honor of communicating the above resolution to 
you that you may transmit it to the captains of the mercantile 
vessels of your nationality in order that it may be strictly 
observed by them. 

I beg that you will be pleased to acknowledge this communi- 
cation. 

I have the honor to be, 

G. Patterson, Second Secretary. 

Decree relating to the status of armed merchant vessels, 

March 3, 1916. 

[Boletin Oficial de la Secretaria de Estado, 1916, p. 501.] 

This decree reproduces the memorandum issued by the United 
States September 19, 1914, infra, page 93. 

DENMARK. 

Royal order of December 20, 1912, concerning the neutrality of 
Denmark in case of ivar between foreign poivers. 

[Lovtidende for Kongeriget Danmark, 1912, a, p. 1342.] 

Given at the royal palace Amalienburg, in Copenhagen. 
We, Christian X, King of Denmark, the Goths' and Wends' King. 
r>uke of Sleswick, Holstein, Stormarn, Ditsmarsk, Lauenburg, 

79596—17 4 



50 Neutrality Order, Denmark. 

and Oldenburg, make known that it has pleased us to order the 
following in order to protect Denmark's neutrality in case of war 
between foreign powers: 

1. 

1. War vessels of belligerent powers may enter Danish harbors 
and roadsteads as well as other Danish territorial waters with 
exceptions and restriction, as on the special conditions given 
below : 

a. It is prohibited war vessels of the belligerent powers to 
enter the harbor and roadstead of Copenhagen. 

&. It is also prohibited the named vessels to enter such inner 
territorial waters whose entrances are closed by mines or other 
means of defense. 

c. If circumstances demand it or in order to protect the sov- 
ereignty of the State or to secure its neutrality, the right is 
reserved to prohibit the entering of other Danish ports or road- 
steads or other parts of inner territorial waters, the conditions 
being the same for both belligerent powers. 

Considered as inner Danish territorial waters are not only har- 
bors, entrances to harbors, roadsteads and bays, but also the sea 
territory between and inside islands, small islands, and reefs 
which are not continually submerged. 

In those parts of the Danish sea territory in the Kattegat, the 
Sound, the Great and the Little Belt which are known as " natu- 
ral routes of communication " between the North Sea and the 
Baltic only harbors and entrances to harbors have to be con- 
sidered as inner Danish territorial waters. 

d. War vessels of belligerent powers which have omitted to 
follow the rules prescribed by the authorities concerned or hav- 
ing offended the neutrality of the state may by order be pro- 
hibited the entering of Danish harbors and roadsteads. 

2. a. War vessels of belligerent powers must pay due respect 
to the sovereignty of the State and must avoid any action offend- 
ing its neutrality. 

o. All hostile actions, including the right of detaining and 
searching a vessel, whether neutral or flying the colors of the 
enemy, are strictly prohibited. 

If a vessel has been captured in Danish territorial waters, the 
vessel, as well as its officers, crew, and cargo, must be set free. 

3. War vessels of belligerent powers or their prizes are only 
allowed to navigate in the Danish territorial waters on the same 
conditions as mentioned under (1) regarding entering of said 
waters. 

4. a. War vessels of belligerent powers are not allowed to 
remain more than 24 hours in Danish harbors, roadsteads, or 
other Danish territorial waters except in case of damage, rough 
weather, or in the cases (c) and (d) mentioned below, the ves- 
sels having to leave as soon as circumstances permit it. War 



War Vessels in Danish Waters. 51 

vessels acting as floating hospitals or exclusively intended for 
religious, scientific, or humane purposes are not subject to the 
24 hours' time limit. 

b. Not more than three war vessels belonging to one and the 
same belligerent power may at the same time stay in the same 
Danish port or at the same Danish roadstead. 

c. If war vessels of both belligerent parties are at the same 
time in the same Danish harbor or at the same Danish road- 
stead, war vessels belonging to one of the belligerent powers are 
not allowed to leave the harbor or roadstead earlier than 24 
hours after the departure of war vessels belonging to the other 
of the belligerent powers. The vessels have to leave according 
to their arrival, except in the case the last arrived vessel, due 
to special circumstances, has obtained permission for further 
remaining. 

d. It is prohibited a war vessel of a belligerent power to leave 
the harbor or the roadstead earlier than 24 hours after the de- 
parture of a merchant ship flying the colors of the enemy. It 
is the duty of the authorities concerned to arrange the departure 
of the merchant ship so that the war vessel is not unnecessarily 
detained. 

5. a. During the stay in a Danish harbor or at a Danish road- 
stead repair of involved damages on the war vessel belonging 
to a belligerent power is only allowed when seaworthiness of 
the vessel absolutely demand it. All repair relating to the fight- 
ing capacity of the vessel is prohibited. The authorities con- 
cerned indicate which repairs to be accomplished and when com- 
pleted the vessel leaves as soon as possible. 

b. It is prohibited war vessels of belligerent powers to enter 
Danish harbors, roadsteads, or other Danish territorial waters 
in order to renew or increase their military equipment or am- 
munition supplies or to increase their crew. 

c. It is prohibited war vessels of belligerent powers staying in 
Danish harbors or Danish roadsteads to take in provisions in 
greater quantities than required for the maintenance in time 
of peace. 

A war vessel of a belligerent power is only allowed to take 
in fuel in quantities necessary to fill the real coal bunkers in- 
cluding fuel tanks. One and the same vessel is not allowed to 
take in fuel again in another Danish harbor or at another Danish 
roadstead earlier than three months after its coaling in similar 
harbor or roadstead. 

6. a. When navigating in inner Danish waters, war vessels be- 
longing to belligerent powers have to make use of the examined 
Danish state pilots according to the rules which in this respect 
are enforced upon war vessels during time of peace. Otherwise 
they are not allowed to make use of these pilots except in case 
of need to escape a threatening sea disaster. 

b. Existing sanitary, pilot, custom, harbor, and police regula- 
tions are strictly to be observed. 



52 Neutrality Order, Denmark. 



It is prohibited privateers to enter Danish harbors or to stay 
at Danish roadsteads or in other Danish territorial waters. 



1. It is prohibited to take captured vessels into Danish terri- 
torial waters or Danish harbors, except in the event of sea un- 
worthiness, rough weather, or shortage of fuel or food. A cap- 
tured vessel which has been brought into a Danish harbor or 
roadstead for one or more of named reasons must leave as soon 
as circumstances allow it. 

2. It is prohibited belligerent powers to establish prize courts 
on Danish territory or on board vessels staying in Danish terri- 
torial waters. It is also prohibited to sell captured vessels in 
Danish harbors or at Danish roadsteads. 



1. It is prohibited belligerent powers to use Danish harbors or 
other Danish territorial waters as bases for engagements against 
the foe. It is also prohibited to erect radio-telegraph stations on 
Danish territory or in Danish territorial waters. The same ap- 
plies to all other apparatus intended as means for communication 
between the fighting forces whether on land or on sea. 

2. It is prohibited to organize fuel depots on Danish territory 
or on vessels staying in Danish territorial waters. 

3. It is prohibited to equip or .armor a vessel within D;mish 
territory if the vessel is intended for cruising or for assistance 
in hostile actions against a power at peace with the Danish state. 
Even so are vessels which wholly or partly have been equipped 
or armored for war use by belligerent powers prohibited to leave 
the Danish territory. 

This order is strictly to be followed by everybody concerned. 
Given at the Royal Palace Amalienborg in Copenhagen on 
December 20, 1912. 

Signed by our own hand and confirmed by our seal. 
[l. s.l Christian R. 

C. W. Ahlefeldt Laurvig. 

Rules which during tear betiveen foreign powers hare to he fol- 
lowed in order to protect Danish commerce and navigation. 
August 6, 191'i. 

[Lovtidende for Kongeriget Danmark, 1014, a, p. 685.] 

We, Christian X. by grace of God King of Denmark, the Wends' 
and Goths' King. Duke of Sleswick, Holstein, Stormarn. Ditmarsk, 
Lauenbnrg. and Oldenburg, make known that in order to protect 



Commerce and Navigation. 53 

the Danish commerce and navigation during a war between for- 
eign powers it has pleased us to order as follows : 



In the event that a Danish merchant ship in open sea or in the 
territorial waters of one of the belligerent powers is stopped by 
an armed vessel belonging to one of the belligerent powers, it 
must without any objection whatever, on demand of the com- 
mander, show its papers, that is nationality and registration 
license (or in want of such, an interim nationality license given 
by a Danish consul), crew list, clearance papers, and bills of 
lading. 

Neither before the visitation nor during it is it allowable to hide, 
throw overboard, or destroy papers regarding the ship or the 
cargo. No Danish ship is allowed to carry ship papers in dupli- 
cate or to fly other colors than the Danish. 

Ships which, during the war or the last six months before its 
beginning, have carried the colors of one of the belligerent powers 
can not obtain interim nationality licenses without a special per- 
mission from the ministry of foreign affairs. 



Should a Danish ship during a stay in a foreign harbor be com- 
pelled to engage a foreign crew the preference must be given to 

subjects of neutral states. Any change in the crew and the 
reason must be recorded in the crew list in the way prescribed 
and the list then be presented to the Danish consul for his 
attestation. In the event there is no Danish consul, the attesta- 
tion of the enlistment must be obtained from the authorities con- 
cerned, notary public or some other person which, according to 
existing rules of the place, enjoys official authenticity. 

3. 

It is prohibited the commander of the ship to sail for any har- 
bor which is blockaded by one of the belligerent powers. As far 
as possible, he must ascertain if the harbor to which he intends 
to sail is free. If, by entering a harbor the blockade of which 
was unknown to him, he is stopped by a ship wearing the ensign 
(naval flag) of the concerned belligerent power, and it is made 
known to him by the commander that the harbor is blockaded, he 
must instantly leave the territory without trying secretly to enter 
the harbor. 

By blockaded harbor is to be understood a harbor which is 
effectively blockaded, that is, by a force which actually is suffi- 
cient to cut off the entrance to the blockaded shore. 



54 Xeutrality Order, Denmark. 

» 

4. 

As unconditional contraband, which may be confiscated by one 
of the belligerent powers when the goods direct or indirect are 
being brought to the territory of the other of the belligerent 
powers, or to any territory occupied by it, or to its military or 
naval forces, are considered : 

1. Any kind of arms, including those for hunting, as well as 
their separate parts. 

2. Shells, charges, and cartridges of every kind, as well as 
their separate parts. 

3. Gunpowder and explosives especially made for warfare. 

4. Gun carriages, ammunition boxes, mounts, wagons, field 
forges, and all their separate parts. 

5. All articles of military uniform and equipment. 

6. Military horse equipment of every kind. 

7. All animals which may be used for riding, harness, or in 
any other way for war purposes. 

8. Camping articles and their component parts. 

9. Armor. 

10. War vessels and small boats with their separate parts, 
which from their special character are capable of being used only 
on war vessels. 

11. Instruments and apparatus exclusively intended for the pre- 
paring of ammunition, for the preparing and repairing of arms, 
and material of military use, both army and navy. 



As conditional contraband, which may be confiscated by one 
of the belligerent powers when the goods are being transported 
for the benefit of the other of the belligerent power's armed 
forces or administration, the latter case excepted when the goods 
actually can not be used during the war which is taking place, 
are considered : 

1. Provisions. 

2. Forage and food for animals. 

3. Clothing and material for clothing, as well as foot gear 
capable of being used for war purposes. 

4. Gold and silver in pieces and bars, as well as paper money 
(bank notes). 

5. Vehicles of any kind capable of war use, as well as their 
separate parts. 

6. Ships, vessels, and small boats of any kind, floating docks, 
contrivances for dry docks, and component parts. 

7. Railway material, stationary as well as rolling; telegraph, 
radio, and telephone materials. 

8. Aircraft of any kind, including aeroplanes, aerostats, bal- 
loons, and their component parts, as well as attachments, appa- 
ratus, and materials capable of being used in connection with 
aviation. 



Restrictions on Commerce. 55 

9. Fuel and lubricating substances. 

10. Powder and explosive substances not used exclusively for 
war purposes. 

11. Barbed wire as well as instruments for installing and 
cutting wire. 

12. Horseshoes and blacksmiths' material. 

13. Articles forming part of harness and saddle equipment. 

14. Binoculars, telescopes, chronometers, and all kinds of 
nautical instruments. 

The restriction mentioned above does not apply to point 4. 

Should any changes or additions regarding contraband be 
found necessary the ministry of foreign affairs will make them 
known to the public after obtaining royal resolution. 

6. 

It is prohibited Danish vessels : 

1. To sail with the special purpose to transport single persons 
which are enlisted in one of the belligerent power's armed forces 
or to carry news in the interest of any of the belligerent powers. 

2. To transport a military detachment or subjects of belligerent 
powers which during the journey directly assist the operations of 
one of the belligerent powers. 

3. To take part in the hostilities. 

4. To be under command or control of an agent which has 
been placed on board by one of the belligerent powers. 

5. To take time charter or in any other way wholly take 
charter for the use of one of the belligerent powers during the 
war. 

6. Forcibly to resist against an entitled execution of the right 
of stopping, searching, and confiscating by armed vessels belong- 
ing to one of the belligerent powers. 



It is prohibited to equip or arm any ship on Danish territory 
intended for cruising or participation in the hostile operations 
against one of the belligerent powers. 



It is prohibited Danish subjects to equip or arm any vessel 
intended for prize seizing against one of the belligerent powers, 
their subjects, or property, or to participate in the furnishing or 
arming of such vessel. 

It is also prohibited Danish subjects to serve on a prize-seizing 
vessel. 

9. 

Should a Danish vessel be arrested the commander of this 
vessel must give to the consul in the harbor whereto the vessel is 
brought or, in want of such, to the nearest Danish consul, a full 



5G Neutrality Proclamation, Ecuador. 

and duly confirmed information of all circumstances regarding 
the arrest. 

If any commander thinks himself entitled to complain of the 
treatment that has been accorded him he must as soon as possible 
hand his statement to the ministry of foreign affairs or to a 
Danish royal legation or consulate. 

10. 

These regulations are put into force at once and are to be 
observed by all concerned. 

Given at Amalienborg, August 6, 1914. 

Christian R. 
[l. s.] Erik Scavenius. 

ECUADOR. 

Neutrality proclamation, August 17, 1914. 

LEONIDAS PLAZA G., CONSTITUTIONAL PRESIDENT OF THE REPUBLIC. 

Considering: 

1st. That between Germany and Austria, on one side, and 
France, Great Britain, and Russia, on the other, there exists at 
present a state of war, and that this conflagration has extended 
itself, and may further extend itself to other nations ; 

2d. That Ecuador has always maintained good relations of 
friendship with the belligerent nations, and that it desires to 
continue in them ; and 

3d. That it is a duty of the Government to employ adequate 
means to guard over the national interests which may be affected 
by the present war ; 

Decrees:- 

The Republic of Ecuador shall observe the strictest neutrality in 
the above-mentioned war, conforming itself to the convention of 
The Hague of the 18th of October, 1907, which established the 
rights and duties of neutrals, and to the general principles of 
international law on such matters. 

At the National Palace, in Quito, the 17th of August, 1914. 

Leonidas Plaza G. 

The Minister of Foreign Affairs : R. H. Elizalde. 

Decree relating to the departure of merchant vessels, Novem- 
ber 28th. 1914. 

LEOXIDAS PLAZA G., CONSTITUTIONAL PRESIDENT OF THE REPUBLIC. 

Considering: 

That it is necessary to take every measure that may conduce to 
the strict maintenance of the international neutrality proclaimed 



Neutrality Declaration, Guatemala. 






with the decree of the 17th of August of the present year and in 
virtue of the authority which international law gives us ; 

Decrees: 

To the rules of the Convention of The Hague, to which the Gov- 
ernment of Ecuador has resolved to conform, are added the 
following : 

1st. No merchant ship, no matter what be its nationality nor 
whether it belongs to a belligerent country or not, shall be allowed 
to leave an Ecuadorian port unless the authorities of the port have 
previously obtained from the consul of the nationality to which 
the ship belongs, a written certificate indicating the next port at 
which the ship will stop, as also its final destination, and stating 
that the ship's voyage is for commercial purposes only ; 

2d. Whenever a case should arise in which a merchant ship had 
left or intended to leave an Ecuadorian port, and should have 
been an unusual time on its voyage to the port of its destination 
or should have taken an unusual route, or were not to have taken 
the direction stated by the consul; or, finally, should it, before 
reaching port, have changed its cargo, such a ship shall be re- 
garded as suspicious and on its next arrival at an Ecuadorian port 
may be detained by the Ecuadorian naval authorities and is liable 
to be considered as part of the belligerent forces of the Nation to 
which it belongs and to be treated as such. 

The Ministers of Foreign Affairs, War, and Marine, respec- 
tively, shall take charge of the enforcement of the above decree. 

At the National Palace, in Quito, the 28th of November, 1914. 

Leonidas Plaza G. 

The minister of Foreign Affairs: R. H. Elizalde. 

The Minister of Finance charged with the Portfolio of War and 
Marine: Augustin Cabezas G. 

GUATEMALA. 

Declaration of neutrality, decree No. 718, August 12, 191//. 

[El Guatemalteco, Official Gazette. Guatemala, Thursday, Aug. 13, 1014.] 

Manuel Estrada Cabrera, Constitutional President of the lie- 
public of Guatemala. 

Whereas a state of war has been declared between several 
European nations, with which Guatemala maintains cordial rela- 
tions ; 

Therefore, in a cabinet meeting, decrees : 

Article 1. The Republic is declared neutral in the present 
European conflict. 

Art. 2. The authorities and inhabitants of the Republic will 
comply with the conventions regarding the rights and duties of 
neutral powers and persons in the case of war on land and the 
rights and duties of neutral powers in the case of war on sea. 
signed at The Hague, October 18, 1907. 

Let it be communicated and published. 



58 Neutrality Declaration, Hayti. 

Done at the National Palace of Guatemala, this 12th day of the 
month of August, of the year 1914. 

Manuel Estrada C. 
The Secretary of State in the Department of Government and 
Justice : 

J. M. Reina Andrade. 
The Secretary of State in the Department of War : 

Luis Ovalle. 
The Secretary of State in the Department of Public Education: 

J. Ed. Giron. 
For the Secretary of State in the Department of Finance : 

Joaquin Torres, Under Secretary. 
For the Secretary of State in the Department of Public Works : 

Jose V. Mejia, Under Secretary. 
The Secretary of State in the Department of Foreign Affairs : 

Luis Toledo Herrarte. 

Neutrality decree, September 1, 191%, referring to Government 

decree No. 718 of August 12, 191%. 
[El Guatemalteco, Official Gazette. Guatemala, Wednesday, Sept. 2, 1914.] 

Palace of the Executive Power, 

Guatemala, September 1, 191%. 

The Government of the Republic having issued decree No. 718 
of August 12 last, by which the neutrality of Guatemala is de- 
clared in the present war between several European nations ; 
and 

Whereas, it becomes necessary to take indispensable precau- 
tions to make neutrality effective regarding wireless communica- 
tion in merchant vessels of belligerents in Guatemalan waters ; 

Therefore, the Constitutional President of the Republic, in 
order to execute the above-mentioned resolution, decrees : 

That from this date all merchant vessels of the belligerent 
nations when in the territorial waters of Guatemala or upon 
entering into them shall dismantle their wireless installations 
during such time as they shall remain in these waters. Vessels 
not complying with these regulations shall be considered as 
armed ships, and orders shall be given them to leave Guatemalan 
waters in conformity to Convention No. 13 of The Hague, 1907. 

Let it be communicated. 

Estrada C. 

The Secretary of State in the Department of Foreign Affairs: 

Luis Toledo Herrarte. 

HAYTI. 

Declaration of neutrality, August 7, 191%. 

[Rev. Gen., Doc. 22:177.] 

War having unfortunately been declared between various 
powers of Europe with which the Republic of Hayti is at peace, 
the Government is under a duty to enforce the strictest neu- 
trality during the entire duration of the conflict. 



Neutrality Declaration, Honduras. 59 

Conformably to the general principles of the law of nations, 
it is recommended to Haytians and to the nationals of powers at 
war not to commit on the national territory and surrounding 
maritime waters any act violating the neutrality of the Re- 
public. 

It is especially forbidden to make any demonstration in favor 
of or against one of the belligerents, to open recruiting stations, 
to arm vessels of war, or to furnish or aid in furnishing any 
means of war to any of the belligerents, under penalty of the 
laws. 

Port au Prince, August 7, 1914. 

Enoch Desert. 

HONDURAS. 

Declaration of neutrality, decree No. 38, October 5, 1914. 

FRANCISCO BERTRAND, CONSTITUTIONAL PRESIDENT OF THE REPUBLIC 

OF HONDURAS. 

Considering that he has been notified of the state of war de- 
clared between Germany, Austria-Hungary, Serbia, France, Great 
Britain, and Russia, European nations with which Honduras 
maintains friendly relations, and that the Government of this 
Republic has been requested by Great Britain to observe the laws 
of neutrality ; 

Therefore, in cabinet of ministers, decrees : 

Article 1. The neutrality of Honduras is declared in the present 
European conflict. 

Art. 2. The national authorities shall observe and cause to be 
observed the principles and rules concerning the rights and duties 
of the neutral powers and persons in case of war by land and sea, 
established by the Hague Conventions of October 8, 1907. 

Done in Tegucigalpa, in the Executive Palace, the 5th day of 
October of 1914. 

F. Bertrand. 

The Secretary of State in the Department of Foreign Affairs 
and Public Instruction : 

Mariano Vasquez. 

The Secretary of State in the Department of Interior and 
Justice, acting: 

Froylan Turcios. 

The Secretary of State in the Department of Hacienda and 
Public Credit: 

Leopoldo Cordova. 

The Secretary of State in the Department of War and Navy : 

Francisco J. Mejia. 

The Secretary of State in the Department of Fomento, Public 
Works, and Agriculture, acting: 

Manuel S. Lopez. 



GO Neutrality Declaration, Italy. 

Note of the minister of foreign affairs on the maintenance of 
neutrality, December 3, 1914. 

Ministry of Foreign Affairs. 

Tegucigalpa, December 3, 191 4. 

Mr. Minister : Replying to your excellency's note dated the 1st 
of this month, in which you ask for information concerning any 
documents, decrees, proclamations, or declarations of orders 
which may have been issued by this Government in connection 
with the European war, I have the honor to remit to your excel- 
lency a copy of the executive decree dated October 5, this year, 
in which the neutrality of Honduras is declared in the European 
conflict and in which the national authorities are ordered to 
observe and cause to be observed the principles and rules con- 
cerning the rights and duties of neutral powers and individuals in 
case of war by land and sea, as established by the Hague Con- 
ventions of October 18, 1907. 

For the strict observance of this decree, the text of the articles 
of the Hague Convention have been sent to the minister of war 
and navy in order that he in turn may transmit them to the 
military authorities of the ports of this Republic. 

My Government, although it has not signed the Hague Con- 
ventions, believes that there is no reason why it should not adopt 
the rules laid down in them covering the principles of neutrality 
as established by international law. 

I avail myself of this opportunity to repeat to your excellency 
the assurances of my distinguished consideration. 

Mariano Vasquez. 

His Excellency John Ewing, 

Envoy Extraordinary and Minister Plenipotentiary, 
of the United States of America. 

ITALY. 

Declaration of neutrality, August 3, 1914- 
[Gazzetta Officiate 4 Agosto, n. 185 (1914).] 

Certain powers of Europe being in a state of war while Italy 
is in a state of peace with all the belligerent powers, the Govern- 
ment of the King and the citizens and subjects of the Kingdom 
are under the obligation of observing the duties of neutrality 
according to the laws in force and the principles of international 

law. 

Whoever violates these duties will undergo the consequences of 
his own act and will incur, according to the circumstances, the 
penalties declared by the laws. 

Rome, August 3, 1914- 



War Buoying, Netherlands. 61 

NETHERLANDS. 

Note addressed to the Belgian Government to announce that the 
Netherlands may be obliged to institute war buoying on the 
Scheldt. August 8, 191 If. 

[Belgian Gray Book Annex to No. 29, reprinted in British Pari. Pap. Misc. 

No. 12, 1914, p. 27.] 

The Netherlands Government may be compelled, in order to 
maintain the neutrality of Dutch territory, to institute war 
buoying upon the Scheldt, that is to say, to move or modify 
a portion of the actual arrangement of buoys and lights. 

At the same time this special arrangement of buoys has been 
so drawn up that when it is brought into force it will still be 
possible to sail up the Scheldt as far as Antwerp by day, but 
only with Dutch pilots who have been furnished with the neces- 
sary nautical instructions. In thus acting the Netherlands 
Government are convinced that they will be able to serve equally 
both the Dutch interests in the defense of Netherlands territory 
and Belgian interests in the navigation of Antwerp. 

After the establishment of war buoying on the Scheldt, there 
would be no further reason to enter the tidal water of Flushing 
at night, and as the presence of the lightships Wielingen and 
Wandelaar is not indispensable to navigation by day the Nether- 
lands Government would be much obliged if the Belgian Govern- 
ment would be good enough, in the event of the establishment 
of war buoying, to withdraw these boats in order to facilitate 
the maintenance of the neutrality of Dutch territory. 

Declination of the neutrality of Netherlands in the European tear. 

August 5, 1914. 

[Staatscourant, Special Number, Aug. 5, 1914; Belgian Grey Book, Annex 
to No. 53, reprinted in British Pari. Pap., Misc. No. 12, 1914, p. 46.1 

The ministers of foreign affairs, justice, marine, war, and the 
colonies, authorized to that effect by Her Majesty the Queen, 
make known to all whom it may concern that the Netherlands 
Government will observe strict neutrality in the war which has 
broken out between Great Britain and Germany and Belgium and 
Germany, powers friendly to the Netherlands, and that, with a 
view to the observance of this neutrality, the following disposi- 
tions have been taken : 

Article 1. Within the limits of the territory of the State, in- 
cluding the territory of the Kingdom in Europe and the colonies 
and possessions in other parts of the world, no hostilities of any 
kind are permitted, neither may this territory serve as a base for 
hostile operations. 

Art. 2. Neither the occupation of any part of the territory of 
the State by a belligerent nor the passage across this territory by 



62 Neutrality Declaration, Netherlands. 

land is permitted to the troops or convoys of munitions belonging 
to the belligerents, nor is the passage across the territory situ- 
ated within the territorial waters of the Netherlands by the war- 
ships or ships assimilated thereto of the belligerents permitted. 

Art. 3. Troops or soldiers belonging to the belligerents or 
destined for them arriving in the territory of the State by land 
will be immediately disarmed and interned until the termination 
of the war. 

Warships or ships assimilated thereto belonging to a belligerent 
who contravenes the provisions of articles 2, 4, or 7 will not be 
permitted to leave the said territory until the end of the war. 

Art. 4. No warships or ships assimilated thereto belonging to 
any of the belligerents shall have access to the said territory. 

Art. 5. The provisions of article 4 do not apply to : 

1. Warships or ships assimilated thereto which are forced to 
enter the ports or roadsteads of the State on account of damages 
or the state of the sea. Such ships may leave the said ports or 
roadsteads as soon as the circumstances which have driven them 
to take shelter there shall have ceased to exist. 

2. Warships or ships assimilated thereto belonging to a bellig- 
erent which anchor in a port or roadstead in the colonies or over- 
sea possessions exclusively with the object of completing their 
provision of foodstuffs or fuel. These ships must leave as soon as 
the circumstances which have forced them to anchor shall have 
ceased to exist, subject to the condition that their stay in the 
roadstead or port shall not exceed 24 hours. 

3. Warships or ships assimilated thereto belonging to a bellig- 
erent employed exclusively on a religious, scientific, or humani- 
tarian mission. 

Art. 6. Warships or ships assimilated thereto belonging to a 
belligerent may only execute such repairs in the ports and road- 
steads of the State as are indispensable to their seaworthiness, 
and they may in no way increase their fighting capacities. 

Art. 7. Warships or ships assimilated thereto belonging to a 
belligerent who may at the commencement of war be within the 
territory of the State must leave within 24 hours from the mo- 
ment of the publication of this declaration. 

Art. 8. If warships or ships assimilated thereto belonging to 
different belligerent and find themselves at the same time, in the con- 
ditions set forth in article 5, in the same part of the world and 
within the territory of the State, a delay of at least 24 hours must 
elapse between the departure of each respective belligerent ship. 
Except in special circumstances, the order of departure shall be 
determined by the order of arrival. A warship or ship assimilated 
thereto belonging to a belligerent may only leave the territory of 
the State 24 hours after the departure of a merchant ship which 
flies the flag of another belligerent. 

Art. 9. Warships or ships assimilated thereto belonging to a 
belligerent to which articles 5 and 7 are applicable may only be 
provisioned with foodstuffs in the ports and roadsteads of the 



General Regulations. 63 

country to the extent necessary to bring their provisions up to the 
normal limit in time of peace. 

Similarly they can only be supplied with fuel to the extent nec- 
essary to enable them, with the stock they already have on board, 
to reach the nearest port of their own country. 

The same vessel can not again be provided with fuel until a 
period of at least three months shall have elapsed since it was 
last provisioned in the territory of the State. 

Art. 10. A prize may only be brought into Dutch territory if 
such prize is unnavigable, or unseaworthy, or short of fuel or 
foodstuffs. 

Such prize must leave as soon as the reasons which caused her 
to enter Dutch territory cease to exist. 

Should such prize fail to do so, immediate orders shall be given 
her to leave. In the event of a refusal, all possible means shall be 
employed to liberate the prize, with her officers and crew, and to 
intern the crew placed on board by the belligerent who has taken 
it as prize. 

Art. 11. It is forbidden, in State territory, to form a corps of 
combatants or to open recruiting offices on behalf of the belliger- 
ents. 

Art. 12. It is forbidden, in State territory, to take service on 
board warships or ships assimilated thereto. 

Art. 13. It is forbidden, in State territory, to equip, arm, or 
man vessels intended for military purposes on behalf of a belliger- 
ent, or to furnish or deliver such vessels to a belligerent. 

Art. 14. It is forbidden, in State territory to supply arms or 
ammunition to warships or ships assimilated thereto belonging to 
a belligerent, or to come to their assistance in any manner whatso- 
ever with a view to augment their crew or their equipment. 

Art. 15. It is forbidden in State territory failing previous 
authorization by the competent local authorities, to repair war- 
ships or ships assimilated thereto belonging to a belligerent, or to 
supply them with victuals or fuel. 

Art. 16. It is forbidden in State territory to take part in the 
dismantling or repairing of prizes, except in so far as is necessary 
to make them seaworthy ; also to purchase prizes or confiscated 
goods, and to receive them in exchange, in gift, or on deposit. 

Art. 17. The State territory comprises the coastal waters to a 
distance of 3 nautical miles, reckoning 60 to the degree of lati- 
tude, from low-water mark. 

As regards inlets, this distance of 3 nautical miles is measured 
from a straight line drawn across the inlet at the point nearest 
the. entrance where the mouth of the inlet is not wider than 10 
nautical miles, reckoning 60 to the degree of latitude. 

Art. 18. Further, attention is called to articles 100, section 1, 
and 205 of the Penal Code ; " Indisch Staatsblad," 1905, No. 62 ; 
article 7, section 4, of the law respecting the status of Nether- 



64 Neutrality Circular, Nicaragua. 

lands nationality and respecting domicile (" Nederlandsch Staats- 
blad," 1892, No. 268; 1910, No. 216); article 2, No. 3, of the 
law respecting the status of Netherlands nationality ("Neder- 
landsch Staatsblad," 1910, No. 55; " Indisch Staatsblad," 1910, 
No. 296; articles 54 and 55 of the Penal Code of Surinam; 
articles 54 and 55 of the Penal Code of Curagao). 

Similarly, the attention of commanding officers, owners, and 
charterers of ships is called to the dangers and inconveniences 
to which they would expose themselves by disregarding the 
effective blockade of belligerents, by carrying contraband of war, 
or military dispatches for belligerents (except in the course of 
the regular postal service), or by rendering them other trans- 
port services. 

Any person guilty of the acts aforesaid would expose himself 
to all the consequences of those acts and would not be able, as 
regards them, to obtain any protection or intervention on the 
part of the Netherlands Government. 

NICARAGUA. 

Neutrality circular, December 5, 19 Uf. 

To correspond with the action of foreign countries who are 
on friendly terms with the Republic, and with the object of 
preventing difficulties, by rendering more efficacious the observ- 
ance of the neutrality of Nicaragua in the present European 
conflict, according to the instructions of the President of the 
Republic and in his name, I confirm to you the former disposi- 
tions in this regard, and furthermore, I inform you that you 
can make use of this note, as soon as an occasion presents itself, 
in the following form : 

First, all commercial vessels of the belligerent nations that 
meet in, or arrive at, the ports of the Republic and that possess 
stations of wireless telegraphy, shall keep one flag hoisted 
while they remain in a Nicaraguan port. 

Second, mercantile vessels not belonging to countries at war 
and which have wireless apparatus shall not use this until after 
their departure from the ports of the Republic. 

Third, it is absolutely prohibited for the submarine cable at 
San Juan del Sur and for the telegraphic office on the island of 
Bluefields to transmit, directly or indirectly, for either of the 
belligerent nations, messages in code, or with incomplete address 
or signature, or messages which contain military information 
or data, or that in any manner compromise the neutrality of 
Nicaragua ; the superior administrative authorities of the port 
shall permit the transmission of those dispatches which they 
consider not to be subject to censorial rules. 

Fourth, mercantile vessels of any nationality that arrive at 
Nicaraguan ports under suspicious circumstances, such as having 



Neutrality Proclamation, Persia. 65 

made false statements regarding their destination when sailing 
from a port of the Republic on a former occasion ; being known, 
by official notice, to have supplied fuel or provisions to war ves- 
sels of belligerents ; having employed an excessive length of 
time in their voyage; being painted with colors peculiar to war 
vessels or with similarly distinctive signs, shall be interned in 
their respective ports, the respective authorities of which shall 
immediately inform the Office of Foreign Affairs of the neces- 
sary ulterior measures. 

Hoping that you will acknowledge receipt of this dispatch and 
see that it is put into effect, 

I remain, your attentive servant, 

Chamorro. 

PERSIA. 

Proclamation of neutrality, November 1, 1914, by His Majesty 
Ahmed Schah, at the opening of the Persian Parliament. 

[Rev. Gen., Doc. 22: 180.] 

God is Sovereign. We, Sultan Ahmed Schah, Emperor and 
son of the Emperor of Persia. 

In consideration of the hostilities, unfortunately being carried 
on at this moment in Europe; noticing the adjacency of our 
frontiers to the theater of war ; in view of the relations of 
friendship happily existing between us and the belligerent pow- 
ers : In order to make known to our people our sacred intention 
to safeguard these good relations with the States at war. 

Command His Highness Mastafi-el-Mamalek, our illustrious 
president of the council and minister of interior, to bring this 
imperial firman (decree) to the knowledge of all the governors- 
general, generals, and functionaries of our Empire and to inform 
them that our Government in the actual circumstances has 
adopted the strictest neutrality. He will publish in addition 
that we have decided to maintain, as in the past, our amicable 
relations with the belligerent countries. In consequence, it is 
notified to the functionaries of our Government that it is their 
duty to commit no act on land or sea, either for or against the 
belligerent States. They are enjoined to furnish them with 
neither arms nor munitions. They should avoid taking part with 
any of the countries at war and will be bound to make the 
strictest neutrality of Persia respected. We reserve it to our- 
selves to command the execution of other measures which our 
Government may judge necessary to propose to us and which 
will be of a nature to assure the maintenance of our neutrality 
and of our good relations with all the countries. 

79596 — 17 5 



66 Neutrality Note, Salvador. 

SALVADOR. 

Note explaining attitude of neutrality, December 4, 191^. 

[Libro Rosado de El Salvador, Ano VI, Nos. X, XI y XII, Octobre- 
Noviembre-Diciembre, 1914, pp. 77-78.] 

San Salvador, J/th of December, 1914. 

Mr. Minister : I have the honor to acknowledge receipt of Your 
Excellency's courteous note, dated the first of this month, in 
which, acting on instructions from the Department of State in 
Washington, you ask me to deliver to the legation under the 
worthy direction of Your Excellency, a complete collection of all 
public documents, decrees, proclamations, declarations, and orders 
relative to the present European war which have been issued by 
the Government of this Republic. 

In answer I wish to state to l r our Excellency that my Govern- 
ment has not issued any publication, proclamation, declaration, or 
decrees whatever regarding the European conflict. Its action has 
been limited to giving instructions to the maritime officials of our 
ports in order that they may maintain the greatest vigilance in 
regard to the use of stations of wireless telegraphy by belligerent 
vessels coming into its waters. 

Besides this, my Government has merely addressed to its diplo- 
matic representative accredited to the Department of State in 
Washington a note dated November 16th last, in reply to the 
inquiry made to this Government through the agency of the De- 
partment, by Count von Bernstorff, Ambassador of Germany near 
Your Excellency's Government, to the effect that there be laid 
before him a copy of the proclamation of neutrality by Salvador 
in the European conflict. In this note of reply this chancery 
indicated the following to its diplomatic representative in Wash- 
ington, in order that thus he should bring it to the knowledge of 
the Ambassador of Germany and of any other legation of the 
neutral or belligerent countries which might interrogate him in 
regard to the same question : . 

" The use of proclamations of neutrality was introduced when 
international law had not as yet determined with precision the 
principles by which the rights and obligations that a state of 
war creates between neutrals and belligerents were to be gov- 
erned. Since then it has been observed in cases where a neutral 
had either a very active commerce with the belligerents or 
frontiers in common with them ; or in cases where warlike sup- 
plies may be furnished or when a neutral owned a commercial 
fleet which might be affected in its communication with belliger- 
ents. Our country does not find itself in any of these situations 
in the present war ; and as the state of neutrality and the rela- 
tions which it establishes are legal conditions which arise from 
the war itself and from the international principles by which it 
is regulated, Salvador, by its neutral character, is obliged 



Neutrality Declaration, Siam. 67 

strictly to observe these principles of neutrality, principles which 
this country does not need to promulgate in the form of a procla- 
mation ; all such principles are amply expounded in the fourteen 
diplomatic conventions subscribed to in the Second Conference 
of The Hague in 1907 and in the Naval Convention of London, 
the 26th of February, 1909. Consequently Salvador's line of 
conduct as a neutral country is clearly marked out in the above- 
mentioned treaties of The Hague and in the Convention of Lon- 
don. For this reason you will please convey to His Excellency 
the- Ambassador of Germany, and to whatever other diplomatic 
agent should ask information of you on this subject, that the 
Government of Salvador has decided to preserve intact the prin- 
ciples and rules of the above-mentioned treaties, in conformity 
with its character as a neutral country, in the present European 
conflict, though it has not thought necessary to make a proclama- 
tion expressly to this effect." 

I take this occasion to convey to Your Excellency the expres- 
sion of my highest and most distinguished consideration. 

Francisco Martinez S. 

To His Excellency the Honorable Boaz W. Long, Minister 
Plenipotentiary of the United States of North America. 

SIAM. 

Declaration of neutrality, August 6, 191/f. 

By command of His Majesty the King Maha Vajiravudh Phra 
Mongkut Klao. 

To all to whom these presents shall come, know ye: 

Whereas the III Convention of The Hague, 18th October, 1907, 
relative to the opening of hostilities, article 2 says : " The exist- 
ence of the state of war must be notified to the neutral powers 
without delay, and shall not take effect in regard to them until 
after the receipt of the notification, which may, however, be given 
by telegraph. Neutral powers, nevertheless, can not rely on the 
absence of notification if it is clearly established that they were 
in fact aware of the existence of a state of war ; " and 

Whereas a state of war now exists in Austria-Hungary, France, 
Germany, Great Britain, Russia, and Servia ; and 

Whereas we are happily at peace and on terms of friendship 
with each of these sovereigns and chiefs of state and with their 
respective subjects and the inhabitants of their respective domin- 
ions ; and 

Whereas we desire that our subjects shall continue to enjoy, 
and shall be secured in the enjoyment of, the infinite blessings of 
peace ; to which end we are determined to maintain a strict and 
impartial neutrality in the state of war above mentioned ; 

Now, therefore, we do issue this our royal proclamation, and 
we do hereby order and command all our subjects to observe 



68 Neutrality Declaration, Spain. 

strict and impartial neutrality in and during the said war, and to 
observe the laws of this Kingdom, her treaty engagements, and 
the law of nations in that behalf. 

Given at our court at Nagara Pathom on this 6th day of August, 
2457, year of our lord Buddha, and in the fifth year of ^ur 
reign (August 6, 1914). 

SPAIN. 

Declaration of neutrality, August 7, 1914- 1 
[Gaceta de Madrid, August 7, 1914 ; 155 Boletiu de Legislaclon, 1914, 132.] 

War having unfortunately been declared between Germany on 
the one hand and Russia, France, and the United Kingdom of 
Great Britain and Ireland on the other, and the state of war 
existing in Austria-Hungary and in Belgium, it is the duty of 
his majesty's Government to prescribe to Spanish subjects the 
strictest neutrality in conformity with the laws in force and the 
principles of public international law. 

In consequence, Spaniards residing in Spain and abroad who 
carry out any hostile act regarded as contrary to the strictest 
neutrality will lose all right to the protection of his majesty's 
Government and will undergo the consequences of any measures 
which the belligerents may establish, and that without prejudice 
to the penalties which they will incur according to the Spanish 
laws. 

Agents, national or foreign, who, in Spanish territory, are 
employed or aiding in recruiting soldiers for any of the belligerent 
armies or navies, will in addition be subjected to the application 
of article 150 of the penal code. 2 

SWITZERLAND. 

Ordinance forbidding the installation and utilization of radio- 
telegraph stations. August 2, 1914- 

[Bundesgesetze und Verordnungen 1914, 30 : 351.] 

The Swiss Federal Council, on the proposal of its military de- 
partment, orders : 

Article 1. The creation of new radio stations is forbidden on all 
territory of the Swiss Confederation. 



1 Similar declarations, in reference to war between Austria and Servia. 
July 30, 1914 ; Austria and Montenegro, August 14, 1914 ; Austria and 
Russia, France and Great Britain, August 16, 1914 ; Germany and Japan, 
August 26, 1914; Austria and Belgium, September 1, 1914; Turkey and 
Russia, Prance, and Great Britain, November 10, 1914; Italy and Austria, 
May 29, 1915 ; Italy and Turkey, August 25. 1915, etc. 

2 A decree of November 23, 1914, declared XIII Hague Convention, 1907, 
concerning the rights and duties of neutral powers in naval war, oper- 
ative. (155 Boletln de Legislaclon, 1914, 75.) 



Radio Regulations. 69 

Art. 2. The utilization of radio stations which already exist 
and have obtained a concession is forbidden. The organs of the 
telegraph and telephone administration will render the stations 
incapable of use without delay by removing the receiving appa- 
ratus, if there is any, or the parts indispensable for their use. 
The parts of the apparatus removed are to be preserved by the 
telegraph and telephone administration. 

Art. 3. There are not included in this prohibition stations 
established by the telegraph and telephone administration, or 
those which have been established for the needs of the army. 

Abt. 4. Violations of the present provisions, if there has been a 
reception or sending of news of any nature whatever, will be 
proceeded against according to the penal provisions established 
against those who spread, intentionally or by negligence, news of 
a military nature. If there has been only the illegal establish- 
ment of a station or the maintenance of an existing station, of 
which it has not been proved that it has been used, the penalty 
will consist in a fine and the station will be immediately closed. If 
there is reason to suspect that the station is intended to be used 
as a means of information for the benefit of a foreign State, pro- 
ceedings for espionage will be commenced. 

The present ordinance comes into force immediately. 

Berne, August 2, 1914. 

In the name of the Swiss Confederation, 

The President of the Confederation : Hoffmann. 

The Chancellor of the Confederation : Schatzmann. 

Federal order on the measures appropriate for assuring the 
security of the country and the maintenance of its neutrality. 
August 3, 191',. 

[Bundesgesetze und Verordnungen, 1914, 30 : 347.] 

The Federal Assembly of the Swiss Confederation, in view of 
the message of the Federal Council of August 2, 1914, orders: 

Article 1. The Swiss Confederation declares its firm desire to 
maintain its neutrality in the imminent war. The Federal Coun- 
cil is authorized, in any manner that it deems convenient, to 
bring this declaration of neutrality to the knowledge of the bellig- 
erent parties and of the powers who have recognized the neu- 
trality of Switzerland and the inviolability of its territory. 

Art. 2. The Federal Assembly approves the general mobiliza- 
tion decreed by the Federal Council and the decision concerning 
the legal time of bank notes. 

Art. 3. The Federal Assembly gives unlimited power to the 
Federal Council to take all measures necessary for the security, 
the integrity, and the neutrality of Switzerland, to safeguard the 
credit and the economic interests of the country, and in espe- 
cially to insure the public food supply. 



70 Neutrality Declaration, Switzerland. 

Art. 4. To this effect, there is open to the Federal Council an 
unlimited credit. Authorization in especial is given it to con- 
tract the necessary loans. 

Art. 5. The Federal Council will render an account to the Fed- 
eral Assembly in its next session of the use which it has made of 
the unlimited credit which has been accorded it. 

Art. 6. The present order, which is declared urgent, comes 
immediately into force. 
Thus ordered by the National Council. 
Berne, August 3, 1914. 

President : Dr A. V. Planta. 
Secretary : Schatzmann. 
Thus ordered by the Council of States. 
Berne, August 3, 1914. 

Vice President : Geel. 
Secretary : David. 
The Federal Council, orders: 
The Federal order above will be executed. - 
Berne, August 3, 1914. 
In the name of the Swiss Federal Council. 

President of the Confederation : Hoffmann. 
Chancellor of the Confederation : Schatzmann. 

Declaration of neutrality, August 4, Idl). 

[Bundesgesetze und Verordnungen 1914, 30 : 361.1 

(This declaration has been communicated officially to the States which 
recognized the inviolability and the neutrality of Switzerland in 1815, as 
well as to some other Governments.) 

The Swiss Federal Council has decided to make the following 
declaration of neutrality : 

By reason of the war which has just been declared between 
several European powers, the Swiss Confederation, inspired by 
its ancient traditions, has voluntarily determined to depart in 
no respect from the principles of neutrality so dear to the Swiss 
people, which correspond so well to its aspirations, to its internal 
organization, to its situation relative to the other States, and 
to the principles which the powers signatory of the treaties of 
1815 have formally recognized. 

By virtue of the special mandate which has just been bestowed 
upon us by the Federal Assembly, the Federal Council formally 
declares that during the war which is beginning the Swiss Con- 
federation will maintain and defend by all the means at its dis- 
posal its neutrality and the inviolability of its territory as rec- 
ognized by the treaties of 1815 ; it will itself observe the strictest 
neutrality toward the belligerent States. 

Relative to the parts of Savoy, which by the terms of the 
declaration of the powers of March 29, 1815, 1 of the final act of 



1 Marten's, N. R. 2 : 177, Hertslet, Map of Europe by Treaty, 1 : 70. 



German Reply. 71 

the Congress of Vienna of June 9, 1815, 1 of the act of accession 
by the Swiss Diet of August 12, 1815, 2 of the treaty of Paris 
of November 20, 1815, 3 and of the act of recognition and of guar- 
antee of Swiss neutrality of the same date, 4 should enjoy neu- 
trality in the same manner as Switzerland; these dispositions 
having been confirmed by France and Sardinia by article 2 of 
the treaty of Turin of March 24, I860, 5 the Federal Council be- 
lieves that it ought to call to mind that Switzerland has the right 
to occupy this territory. The Federal Council will make use of 
this right if the circumstances appear to demand it for the de- 
fense of the neutrality and of the integrity of the territory of 
the Confederation. At the same time it will not fail scrupu- 
lously to respect the restrictions which the treaties attach to 
the exercise of the right in question ; especially in reference to 
the administration of this territory it will be obliged to confer 
with the Government of the French Republic. 

The Federal Council has the firm conviction that the present 
declaration will be favorably received by the belligerent powers 
as well as by the third States, signatory to the treaty of 1815, 
as the expression of the traditional attachment of the Swiss 
people to the idea of neutrality and as the loyal affirmation of 
the consequences resulting for the Swiss Confederation from the 
treaties of 1815. 

German reply to the notification of the neutrality of Sivitzerlancl. 

August 5, 191Jf. 

[Rev. Gen. Doc. 22 : 189.] 

The Government has had the honor to receive the circular note 
addressed the 4th of August of this year to the powers signatory 
to the treaties of 1815 in which the Federal council declares that 
during the actual war the Swiss Confederation will maintain and 
defend by all means at its disposal its neutrality and the invio- 
lability of its territory. The Imperial Government has taken 
cognizance of this declaration with a sincere satisfaction and it 
has confidence that the Confederation, by virtue of its strong 
army and of the firm will of the entire Swiss people, will repulse 
all violations of its neutrality. 

Ordinance concerning the maintenance of the neutrality of Sivit- 
zerland. August 4, 191k- 

[Bundesgesetze und Verordnungen, 1914, 30 : 353.] 

The Swiss Federal Council. 

In order to prevent all acts or omissions not compatible with 
the neutral position of Switzerland ; 



1 Martens, N. R. 2 : 379, Hertslet, op. cit., 1 : 208. 

2 Martens, N. R. 4 : 184. 

3 Martens, N. R. 2 : 682, Hertslet, op. cit., 1 : 342. 

4 Martens, N. R. 2 : 740, 4 : 186, Hertslet, op. cit., 1 : 370. 

5 Martens, N. R. G., pt. 2, 16 : 539, Hertslet, op. cit., 2 : 1429. 



72 Neutrality Ordinance, Switzerland. 

Basing its action on article 102, paragraph 9, of the Federal 
constitution ; on articles 30, 40, and 41 of the Federal Penal Code 
of February 4, 1853, as well as on the provisions of the interna- 
tional convention of The Hague, October 18, 1907, concerning the 
rights and duties of neutral powers and persons in case of war on 
land ; 

Order the following prescriptions, to which each will conform 
himself : 

1. The strictest impartiality will be observed in reference to 
all the belligerents ; consequently all must abstain from every act 
favoring any one of them. 

2. No hostile act against any of the belligerents may be under- 
taken, supported, or aided in any manner whatsoever upon Swiss 
territory or prepared thereon. 

3. Pacific relations ought to be assured, so far as possible, 
under reserve of the following dispositions and of the special pre- 
scriptions for the authorities and commanders of the troops. 

4. Every attempt on the part of regular or volunteer troops of 
the belligerent parties to penetrate into Swiss territory or to 
cross it in bodies or individually should be immediately brought to 
the knowledge of the commander of troops and of the nearest 
police authority. 

5. Military foreigners who may be met individually on the 
neutral territory will be arrested by the troops or, if necessary, by 
the police ; civilians suspected of abusing neutral territory under 
evident pretexts will be treated in the same manner. 

6. The authorization to permit the wounded and sick belonging 
to the belligerent armies to pass into our territory should be 
asked of the commander in chief. As to the personnel and mate- 
rial of all kinds accompanying convoys, it is referred to the 
prescriptions for the commander of troops (decision of the Fed- 
eral Council, Dec. 21, 1912) concerning the maintenance of neu- 
trality. 

7. In case of attempts by one of the belligerent parties to send 
through our territory transports of military material, no matter 
of what kind, especially transports of arms, munitions, and pro- 
visions, the commander of troops and the nearest police authority 
should be immediately informed. The objects in question will be 
seized by the authorities. 

8. There is forbidden and ought to be stopped : 

(a) The exportation of arms and munitions and of all military 
material into the adjacent belligerent states and also all collecting 
of objects of this nature near the contiguous frontier. In case of 
acts of war near the frontier, the commander of the army can 
further restrain or suppress entirely this frontier traffic. 

(&) The purchase and generally the acceptance of arms, of 
military material, and of articles of equipment carried into Swiss 
territory by deserters. The articles indicated under (a) and (&) 
will be seized even if they are found in the possession of third 
persons. 



General Provisions. 73 

9. If isolated military persons of the belligerent armies or 
escaped prisoners of war seek refuge in our territory, they can be 
admitted until further notice. They will be disarmed and put at 
the disposition of the military authorities, in the same manner as 
prisoners of war brought in by troops seeking refuge on our 
territory. 

10. Passage on Swiss territory will be permitted to persons not 
of a character to be suspected, to women, to children, to old men, 
as well as to persons who, before the war, had a domicile in 
Switzerland or own land in it. 

11. Persons who do not conduct themselves conformably to the 
rules of neutrality can be transferred to the interior of the coun- 
try. If foreigners, they expose themselves to expulsion. 

12. Corps of combatants can not be formed nor recruiting bu- 
reaus opened on Swiss territory to the advantage of belligerents. 
The existence of bureaus of information or recruiting for sol- 
diers or volunteers for the belligerent armies should be notified 
to the Federal council. 

13. The inhabitants of foreign states who wish to go indi- 
vidually, without arms or uniforms and without being organized 
in groups, into the territory of belligerent states directly or indi- 
rectly from Switzerland or by Switzerland will not be prevented 
from passing beyond the frontier until further notice. 

14. It is absolutely forbidden to the belligerent parties to estab- 
lish or use on Swiss territory a radio station or any other instal- 
lation (telephone, telegraph, signal station, optical or other, car- 
rier pigeon station, aviation station, etc.), designed to serve as a 
means of communication with the belligerent forces on land or sea 
or to offer facilities for the same in any manner whatsoever. 

15. The bureaus of telegraphs, telephones, postal service, and 
customs will receive for their administration, instructions as to 
the attitude which they are to observe. The use of the posts, 
telegraph, and telephone for military purposes, will take prece- 
dence of all other employments, except urgent communications of 
the Federal council and of the political and military departments. 

16. The railroads will observe the prescriptions relative to their 
use in case of war as well as their other special instructions. 

17. As to aviation, attention will be given to what follows : 

(a) Balloons and air craft not belonging to the Swiss Army can 
not rise and navigate in the aerial space situated above our terri- 
tory unless the persons ascending in the apparatus are furnished 
with a special authorization, delivered in the territory occupied 
by the army, by the commander of the army ; in the rest of the 
country, by the Federal military department. 

(&) The passage of all balloons and air craft coining from abroad 
into our aerial space is forbidden. It will be opposed if necessary 
by all available means and these air craft will be controlled when- 
ever that appears advantageous. 

(c) In case of the landing of foreign balloons or air craft, their 
passengers will be conducted to the nearest superior military 



74 Neutrality Ordinance, Switzerland. 

commander who will act according to his instructions. The appa- 
ratus and the articles which it contains ought, in any case, to 
be seized by the military authorities or the police. The Federal 
military department or the commander of the army will decide 
what ought to be done with the personnel and materiel of a bal- 
loon or air craft coming into our territory through -force majeure 
and when there appears to be no reprehensible intention or negli- 
gence. 

18. The personnel of the frontier guard and of the police sta- 
tioned at the frontier can be placed under the orders of the chief 
military officer commanding the troops occupying the frontier. 
In cases where this personnel remains independent, it will never- 
theless be under the duty of assisting the troops in their tasks 
in the same manner as the troops protect and offer assistance to 
the police and frontier guards in case of need. The troops have, 
moreover, the same duties in reference to all persons exercising 
an official function in the territory occupied by the army, espe- 
cially in reference to the personnel of public undertakings, trans- 
ports, customs, sanitary, and veterinary police. 

19. The railroad trains and ships can be visited only by the 
military and functionaries specially charged with this duty. 

20. There will be no impediment to the usual communications 
with territories beyond the frontier except for restrictions ordered 
for the maintenance of neutrality and especially the above-men- 
tioned regulations. However, the commander of troops can re- 
quest and, if necessary, prescribe that traffic be limited to certain 
roads. 

21. The Cantonal governments, especially the governments of 
the frontier Cantons and the military commanders according to 
their special instructions are charged with the execution of the 
present ordinance and the departments of customs, posts, and 
railroads are equally charged with that which concerns the 
cooperation and the attitude of their administrations and their 
personnels. 

Berne, August 4, 1914. 

In the name of the Swiss Federal council : 

President of the Confederation, Hoffmann. 

Chancellor of the Confederation, Schatzmann. 

Appeal to the Stoiss people, August 5, 1911. 
[Bundesgesetz und Verordnungen 1914, 30:362.] 

Faithful and dear members of the Confederation: 

War is unchained at our frontiers. Our army is on foot, and 
on the 1st of August, the day of the anniversary of the foundation 
of the Confederation, the telegraph carried orders for the mobil- 
ization even into the most remote villages and hamlets of the 
country. 



Appeal to Swiss People. 75 

Faithful to our traditions, firmly attached to the line of conduct 
which the free decision of our people has chosen and conforming 
ourselves to the international treaties, ice will observe a complete 
neutrality. 

The Federal Assembly and the Federal Council have resolved 
to use all of their forces and to make every sacrifice to maintain 
our independence and the defense of our neutrality. 

Behind its authority the entire Swiss people stand firm and 
resolute. 

To our army now belongs the noble task of protecting our 
country against every attack and of repelling the aggressor, 
whoever he may be. 

Soldiers, we expect of you that each cheerfully do his duty, 
ready to shed his blood and to give his life for his country- 
Officers, you will all set for your subordinates, w T e are sure, a 
splendid example of duty and of sacrifice. 

Underoflicers and soldiers, you will show by your acts, we are 
convinced, that the soldier of a free state also knows how to 
observe the strictest discipline and to obey absolutely the orders 
of his chief. 

And you. Swiss people, who remain by your firesides, keep calm 
and composed and have confidence in your authorities which in 
these trying days will consecrate themselves, with all their power, 
to the accomplishment of their task, and who will also do all 
possible to remedy misfortunes. Have confidence, whatever hap- 
pens, in your army, for which during peace you have not made 
such great sacrifices in vain and of which you are justly proud. 

May God protect our dear fatherland ! We commend it to the 
protection of the All-Powerful. 

Berne, August 5, 1914. 

In the name of the Federal Council : 

President of the Confederation : Hoffmann. 
Chancellor of the Confederation : Schatzmann. 

Ordinance concerning the penal dispositions for the state of war. 

August 6, 191.',. 

[Bundesgesetze und Verordnungen 1914, 30 : 370.] 

The Swiss Federal Council. 

In view of article 102, paragraph 9, of the Federal constitution 
and the Federal order of August 3, 1914, on the measures proper 
to assure the security of the country and the maintenance of its 
neutrality; on the - suggestion of the Federal military depart- 
ment; 

Orders: 

Article 1. The provisions of the military laws designed for 
time of war are applicable during the present mobilization of 
the troops. 



76 Penal Dispositions, Switzerland. 

Art. 2. Article 41 of the military penal code of August 27, 1851, 
is amended by the following provision : 

Whoever, with design, lends aid to the hostile military pur- 
poses of a foreign state, of its army or of independent foreign 
corps, or hinders or compromises the military operations of the 
Swiss army is guilty of treason. 

Art. 3. Article 2 of the military penal code is amended by 
the following provision : 

The following are guilty of treason : 

(1) Those who, in order to reveal them to a foreign state or 
to one of its agents, in order to give them publicity, or in order 
to render them accessible, have spied into facts, arrangements, 
or plans, which it is necessary in the interests of the confedera- 
tion to hold secret because of the imminence of war or in time 
of war ; those who shall have revealed to a foreign state or to 
one of its agents, shall have given publicity to, or shall have 
rendered accessible facts, arrangements, or plans which it is 
necessary in the interests of the confederation to hold secret 
because of the imminence of war or in time of war ; 

(2) Whoever, directly or indirectly, shall have hindered or 
compromised the military operations of the Swiss army, (a) 
either by damaging or destroying means of communication or of 
information, apparatus, or objects serving the army; (b) either 
by interfering with or compromising the use of the establishments 
serving the army of importance for the people; (c) either by 
promulgating false news of a nature to hinder the military opera- 
tions of the Swiss army or to scatter anxiety and terror among 
the people; 

(3) Whoever in war aids the enemy by services or supplies, or 
who cooperates in a loan for an enemy state. 

Art. 4. There will be punished by imprisonment, and in grave 
cases by penal servitude, whoever violates Swiss territory or 
commits against Switzerland or a part of Switzerland any other 
act contrary to international law; whoever lends aid to any act 
of this kind. 

Art. 5. Whoever in Swiss territory carries on an information 
service for the benefit of a foreign power will be punished by 
imprisonment and a fine of not over 20,000 francs. The cor- 
respondence and material (carrier pigeons, aeroplanes, automo- 
biles, etc.) will be confiscated. 

Art. 6. Whoever disobeys the orders given or the ordinances 
published by the Federal Council, the Federal military depart- 
ment, the commander of the army, the territorial commanders, or 
any other competent military authority for the protection of the 
military interests or the safeguarding of neutrality or in the 
exercise of the police power which appertains to them ; whoever 
disseminates news contrary to a prohibition of the competent 
authority will be punished by imprisonment for three years or by 
a fine of not over 10,000 francs if he is not liable to more severe 
penal dispositions. The two penalties may be combined. 



Balloons and Aircraft. 77 

Art. 7. The criminal acts forbidden by the present order will be 
proceeded against and judged by the military tribunals exclu- 
sively according to the application of the military penal code and 
of the present order. 

Art. 8. In case of a military offense committed, even by a 
civilian, the cantonal authorities are bound to act and to report 
it immediately to the commander of troops or to the nearest mili- 
tary station. The commanders of troops and the territorial com- 
manders will arrest and deliver to the civil authorities all 
civilians who in the region of their command are guilty of a 
criminal act in the jurisdiction of the ordinary criminal tribunals. 

Art. 9. The present ordinance comes immediately into force. 
The Federal Council will fix the time when it shall cease to be in 
force. 

Berne, August 6, 1914. 

In the name of the Swiss Federal Council : 

The President of the Confederation, Hoffmann. 
The Chancellor of the Confederation, Schatzmann. 

Notification of the Swiss Federal Government to the Government 
of the French Republic in reference to balloons and air craft. 
A it oust S, 191/,. 

[Journal Officiel, Aug-. 10, 1914, p. 7301.] 

The Swiss Federal Government has notified the Government of 
the Republic under date of August 8, 1914, that in view of the 
maintenance of the neutrality of Switzerland it is forbidden to 
all balloons and air craft coming from a foreign country to pass 
in the aerial space above the Swiss territory. All means will be 
taken, if necessary, to prevent this passage. 

Letter of M. Hoffmann, President of the Swiss Confederation, to 
M. Fosciali concerning the sending of the wounded into the neu- 
tral zone of upper Savoy. September, Wt'f. 

[Rev. Gen., Doc. 22: 187.] 

Sir: By your letter of the 25th of this month you wish to ex- 
press your surprise to us that in spite of the important prepara- 
tions made in upper Savoy for the reception of wounded soldiers, 
the hospitals and ambulances to provide for this end are wanting 
up to the present time. On this occasion you have repeated certain 
rumors which appear to be circulating in Savoy ; rumors accord- 
ing to which the Federal Government, invoking the special situa- 
tion created in certain parts of upper Sa\oy by the international 
treaties have raised some difficulties to admitting the introduc- 
tion of the wounded into these countries. 

We desire to assure you, you and your compatriots, that these 
suppositions are erroneous in all points. The Federal Council 
has not only raised no objection to sending the wounded into the 



78 Recejition of Wounded. 

neutralized part of upper Savoy, but has on the contrary, consid- 
ered with the greatest good will the possibility of a measure of this 
kind which it only desires to facilitate as far as it may depend 
upon itself. We believe it our duty to add, moreover, that accord- 
ing to our information, confirmed to-day by his excellency the 
ambassador of France at Berne, it is only some difficulties of 
communication which have led the French Government to refrain, 
for the moment, from sending the wounded into upper Savoy. 

We have, doubtless, no need to assure you of the entire sym- 
pathy which we feel for the people of upper Savoy, our excellent 
neighbors, and we are persuaded, moreover, that these people ask 
no better for their part than to continue the good relations so 
happily and for so long a time existing between our two countries. 

Hoffmann. 

» 

Notice of the Council of State of the Canton of Geneva concerning 
the neutralization of a part of upper Savoy, of Chablais, and of 
Faucigny. October, 1914. 

[Rev. Gen., Doc. 22 : 187.] 

The Council of State has learned that there have been dissemi- 
nated in the Department of Upper Savoy inexact rumors on the 
question of the reception in hospitals of the wounded on the 
neutralized territory. 

AVe can declare that the Federal Council has never mad a any 
objection to the reception of the wounded in hospitals in Savoy. 
If a decision has been made in this respect, it has been by the 
competent French authorities. 

The present declaration is suggested to us by the desire to 
maintain in time of war as in time of peace the excellent rela- 
tions which exist between the people of upper Savoy and of 
Geneva. 

In the name of the Council of State : 

Henry Fazy. 

Communication of the Siviss Federal Council on the entry into 
Helvetic territory of the sick and wounded of belligerents wear- 
ing civilian clothes. October, 191.'/. 

[Rev. Gen., Doc. 22 : 187.] 

The question has been raised whether the inhabitants of a 
belligerent state who have been wounded in war, or have con- 
tracted a disease from it, can, in order to recover or to con- 
valesce, come for treatment into Switzerland in some of our sta- 
tions or in a family, without danger of being interned, it being 
understood that these persons wear civilians' clothes. The Fed- 
eral Council has replied affirmatively to the question, considering 
that it perceives no obligation to investigate whether or not per- 



Appeal to Swiss People. 79 

sons who cross the frontier in civilian dress belong to the army of 
any of the belligerent states. 

Furthermore, the Federal Council thinks it proper to render a 
service to the different belligerent states by allowing their inhabi- 
tants to procure without difficulty or delay the means necessary 
to contribute thus to their recovery. 

Xeic appeal to the Swiss people. October 1, 191J}. 
[Bundesgesetze und Verordnungen, 1914, 30 : 510.] 

Faithful and Dear Members of the Confederation: 

Two months have already passed since the outbreak of the 
gigantic struggle of peoples, and the end of this terrible conflict is 
not yet in sight. 

At the opening of the war our authorities proclaimed with 
unanimity the complete neutrality of Switzerland. The whole 
people has approved this decision, and we have the firm resolve 
scrupulously to maintain this neutrality by all means at the dis- 
posal of the country. This attitude has spared us the horrors of 
war, but it imposes on us also some duties and some sacrifices. 
There is not everywhere a clear consciousness of these duties and 
Of these sacrifices. In our method of judging the event and in the 
expression of our sympathy for the different nations, we ought to 
observe the greatest reserve to avoid that which might wound the 
states and the peoples involved in the war and to guard ourselves 
from all partiality. To judge with calmness and moderation the 
events does not at all mean to be oblivious of sympathy and 
feeling ; the heart of each citizen will continue to beat warmly for 
those to whom they are attached by particularly strong bonds or 
whose fate is dear to them before everything. 

Only if each observes this attitude will it be possible to accom- 
plish the duties which spring from our situation of a neutral 
state and to maintain the good relations of our country with the 
other states. This interest has never been greater than in the 
present confusion of Europe, and it has never been more difficult 
to safeguard. 

But more important yet, than the regard due to foreign nations 
and of a vital interest to our country, is the maintenance between 
ourselves of an energetic cohesion, of an unshaken unity. This 
unity, absolutely necessary to-day, that the culture, the economic 
and financial situation of our country may receive serious con- 
sideration, Mill to-morrow be equally necessary, when it is a 
question of healing the wounds by a union of all efforts. History 
teaches us that Switzerland has never suffered the greatest calami- 
ties nor endured the greatest losses, except, when distraught by 
domestic quarrels, she has been enfeebled by .a lack of unity. At 
this moment when the fate of peoples is at stake, we must recall 
the lessons of history and guard ourselves from insisting in a 
manner imprudent, passionate or offensive on those things which 



80 Swiss Order Concerning Deserters. 

separate us, by enfeebling the sentiments which unite us, instead 
of fortifying them by patriotically recalling those things which 
bring us together. 

We address to each citizen and particularly to the Swiss press 
of all parties, of all languages, and of all regions, a pressing ap- 
peal for moderation and reserve. It is the press which expresses 
and directs public opinion. It has the noble task of confining the 
unchained passion, of combatting the tendencies which divide and 
of exercising especially its influence to moderate and conciliate. 

The hard times of trial through which we pass ought to become 
the point of departure for an intellectual, economic, and political 
uplift. We require for this end the union of all the forces of our 
people. There ought to be no irreconcilable barriers of race or of 
language. We see the ideal of our fatherland in a community of 
civilization which rises above race and language. First and be- 
fore all we are Swiss only in the second place Latin or German. 
Above all the sympathies for the nations to which we are at- 
tached by a common origin, there is for us the welfare of the 
fatherland, of that fatherland which is common to us all. It 4s to 
this welfare of the fatherland that we ought to subordinate all 
else. 

In the hope that this appeal will be heard, we recommend you 
with ourselves, faithful and dear members of the Confederation, 
to the divine protection. 

Berne, 'October 1, 1914. 

In the name of the Swiss Federal Council : 

The President of the Confederation, Hoffmaxx. 
The Chancellor of the Confederation, Schatzmaxx. 

Order of the Federal Council concerning foreign deserters and 
fugitive conscripts. June 30, 1016. 

[Lois Suisse, July 5, 1916.] 

The Swiss Federal Council. 

Relying on article 3 of the Federal order of August 3, 1914, 
concerning measures appropriate for assuring the security of 
the country and the maintenance of its neutrality ; 

Considering that, with the exception of measures which ap- 
pear necessary in the interests of the national defense, it is pri- 
marily incumbent upon the Cantons to concern themselves with 
foreign deserters and fugitive conscripts (re'fractaires), yet the 
extraordinary circumstances of the present time demand nothing 
less than the intervention of the Confederation in the matter ; 

Orders: 

Article 1. During the state of war, foreign deserters, and 
fugitive conscripts can not be conducted beyond the Swiss fron- 
tier or removed from one Canton into another or even expelled 
from a Canton. No distinction is made between deserters and 
fugitive conscripts, as to their treatment in Switzerland, except 
to the extent that this distinction appears necessary for mili- 



Deserters and Fugitives. 81 

tary reasons. The Federal Council reserves to itself the right 
to declare during the war the expulsion from Swiss territory 
of deserters and fugitive conscripts, who may have made them- 
selves liable for grave offenses. The commander of the army 
will decide on the toleration of foreign deserters and fugitive 
conscripts in the zone of the army. 

Art. 2. When deserters and fugitive conscripts not possessing 
identification papers or providing insufficient identification 
papers, have been permitted in Switzerland before the entrance 
into the war of the State from which they came, it is the duty 
of the Canton to which they have been admitted on the last 
occasion to provide for them. 

Art. 3. As to deserters or fugitive conscripts entering Switzer- 
land after the entry into the war of the State from which they 
come, as well as those whose recognition papers have proved 
fraudulent after the said date and finally those whose recogni- 
tion papers are not considered valid by the State of origin, the 
Canton where they reside or to which they are attributed is 
bound to demand sufficient securities of them for the dis- 
turbances of public law and of an economic nature resulting 
from the fact that they are tolerated on Swiss territory. The 
Cantons will determine the amount and the nature of the securi- 
ties and designate the authority to which these should be fur- 
nished. The Cantonal governments are authorized to publish 
the necessary regulations, when the Cantonal legislation does not 
contain provisions relating to securities or when the existing 
provisions are insufficient. The dispositions of the Cantons rela- 
tive to securities will be submitted to the approval of the Federal 
Council which reserves to itself the right of amending or modi- 
fying the same. 

Art. 4. If a deserter or fugitive conscript abandon the place 
of his residence to establish himself in another Canton, the 
securities furnished by him are retained and constitute an equal 
guaranty for the Canton of his new residence. The securities 
furnished on decision of the military authorities by a deserter 
or fugitive conscript will be remitted to the Canton in which the 
person has his residence. The military authorities can not, here- 
after, require securities. 

Art. 5. The Cantons will establish special lists of all deserters 
and fugitive conscripts found within their territory and will 
transmit copies of these lists to the Swiss department of justice 
and police. They will communicate to the said department all 
modifications occurring in the contents of the lists. The Swiss 
department of justice and police is empowered to publish the 
necessary prescriptions as to the initiation and continuance of 
the lists. 

Art. 6. The securities will furnish compensation, in the first 
place, for the disturbances of public law and of an economic 
nature resulting to the Cantons from the toleration on their 

79596—17 6 



82 Neutrality Proclamation, United States. 

territory of deserters and fugitive conscripts, indicated in article 
3 above. In cases where these securities are insufficient, or if 
they have not been obtainable, the confederation will assume the 
responsibility. The Federal council will fix definitely the in- 
demnity to be accorded by the confederation. 

Art. 7. The commander of the army and the Swiss military 
department will publish, in agreement with the Swiss department 
of justice and police, the necessary prescriptions as to the admis- 
sion of deserters and fugitive conscripts into Switzerland (control 
of the frontier) and the procedure to which these should be sub- 
mitted after passage of the frontier. 

Art. 8. The competent administrative authorities of the Can- 
tons or of the confederation will intern in appropriate establish- 
ments deserters or fugitive conscripts who constitute a public 
danger or who oppose or are not satisfied with the orders of the 
authorities or who, in some other manner, give occasion for com- 
plaints which appear to necessitate resort to internment. The 
Cantonal governments will publish the necessary prescriptions as 
to the measure to be taken by the Cantonal authorities in this 
matter. The Swiss department of justice and police will offer its 
cooperation to the Cantons which do not possess suitable establish- 
ments in choosing the place of internment. When the internment 
concerns one of the classes indicated in article 3 and the securities 
eventually furnished are not sufficient to cover the expense, the 
confederation will be charged for this amount, provided the 
internment has been approved by the Swiss department of justice 
and police. 

Art. 9. The Federal council will decide definitely upon contro- 
versies which may arise over the execution of the present order 
with reservation of article 1, sentence 4. 

Art. 10. The present order will come immediately into force. 
The Federal council will fix the date at which the order will 
cease to be in force. 

Berne, June 30, 1916. 

In the name of the Swiss Federal Council : 

The President of the Confederation, Decoppet. 
The Chancellor of the Confederation, Schatzmann. 

UNITED STATES. 

Proclamation of Neutrality. August 4, 19V/. 1 

[38 U. S. Stat. 1999.] 

By the President or the United States of America. 

A PROCLAMATION. 

Whereas a state of war unhappily exists between Austria- 
Hungary and Servia and between Germany and Russia and be- 

1 Additional proclamations identical in character were issued as follows : 
For the war between Germany and Great Britain on August 5, 1914 
[No. 1272] ; 



General Provisions. 83 

tween Germany and France ; and whereas the United States is on 
terms of friendship and amity with the contending powers, and 
with the persons inhabiting their several dominions ; 

And whereas there are citizens of the United States residing 
within the territories or dominions of each of the said belligerents, 
and carrying on commerce, trade, or other business or pursuits 
therein ; 

And whereas there are subjects of each of the said belligerents 
residing within the territory or jurisdiction of the United States, 
and carrying on commerce, trade, or other business or pursuits 
therein ; 

And whereas the laws and treaties of the United States, with- 
out interfering with the free expression of opinion and sympathy, 
or with the commercial manufacture or sale of arms or munitions 
of war, nevertheless impose upon all persons who may be within 
their territory and jurisdiction the duty of an impartial neutrality 
during the existence of the contest; 

And whereas it is the duty of a neutral government not to per- 
mit or suffer the making of its waters subservient to the purposes 
of war ; 

Now, therefore, I, Woodkow Wilson, President of the United 
States of America, in order to preserve the neutrality of the 
United States and of its citizens and of persons within its terri- 
tory and jurisdiction, and to enforce its laws and treaties, and in 
order that all persons, being warned of the general tenor of the 
laws and treaties of the United States in this behalf, and of the 
law of nations, may thus be prevented from any violation of the 
same, do hereby declare and proclaim that by certain provisions 
of the act approved on the 4th day of March, a.d. 1909, commonly 

For the state of war between Austria-Hungary and Russia on August 7, 
1914 [No. 1273] ; 

For the state of war between Great Britain and Austria-Hungary, 
August 18, 3 914 [No. 1274] ; 

For the state of war between France and Austria-Hungary, August 14, 
1914 [No. 1275] ; 

As a result of the United States being " in fact aware of the existence 
of a state of war between Belgium and Germany," August IS, 1914 [No. 
1276] ; 

For the state of war between Japan and Germany, August 24, 1914 [No. 
1277] ; 

For the state of war between Japan and Austria-Hungary, August 27, 
1914 [No. 1278] ; 

For the state of war between Belgium and Austria-Hungary, September 
1, 1914 [No. 1280] ; 

For the state of war between Great Britain and Turkey, November 6, 
1914 [No. 1286] ; 

For the state of war between Italy and Austria-Hungary, May 24, 1915. 

For the state of war between Italy and Turkey, August 22, 1915. 

For the state of war between France, Great Britain, Italy, and Servia 
and Bulgaria, November 11, 1915. 

For the state of war between Germany and Portugal, March 3, 1916. 
For the state of war between Germany and Italy, August 30, 1916. 



84 Neutrality Proclamation, United States. 

known as the " Penal Code of the United States," the following 
acts are forbidden to be done, under severe penalties, within the 
territory and jurisdiction of the United States, to wit : 

1. Accepting and exercising a commission to serve either of the 
said belligerents by land or by sea against the other belligerent. 

2. Enlisting or entering into the service of either of said bellig- 
erents as a soldier, or as a marine, or seaman on board of any 
vessel of war, letter of marque, or privateer. 

3. Hiring or retaining another person to enlist or enter himself 
in the service of either of the said belligerents as a soldier, or as a 
marine, or seaman on board of any vessel of war, letter of marque, 
or privateer. 

4. Hiring another person to go beyond the limits or jurisdiction 
of the United States with intent to be enlisted as aforesaid. 

5. Hiring another person to go beyond the limits of the United 
States with intent to be entered into service as aforesaid. 

6. Retaining another person to go beyond the limits of the 
United States with intent to be enlisted as aforesaid. 

7. Retaining another person to go beyond the limits of the 
United States with intent to be entered into service as aforesaid. 
(But the said act is not to be construed to extend to a citizen or 
subject of either belligerent who, being transiently within the 
United States, shall, on board of any vessel of war, which, at the 
time of its arrival within the United States, was fitted and 
equipped as such vessel of war, enlist or enter himself or hire or 
retain another subject or citizen of the same belligerent, who is 
transiently within the United States, to enlist or enter himself to 
serve such belligerent on board such vessel of war, if the United 
States shall then be at peace with such belligerent.) 

8. Fitting out and arming, or attempting to fit out and arm, or 
procuring to be fitted out and armed, or knowingly being con- 
cerned in the furnishing, fitting out, or arming of any ship or ves- 
sel with intent that such ship or vessel shall be employed in the 
service of either of the said belligerents. 

9. Issuing or delivering a commission within the territory or 
jurisdiction of the United States for any ship or vessel to the 
intent that she may be employed as aforesaid. 

10. Increasing or augmenting, or procuring to be increased or 
augmented, or knowingly being concerned in increasing or aug- 
menting, the force of any ship of war, cruiser, or other armed 
vessel, which at the time of her arrival within the United States 
was a ship of war, cruiser, or armed vessel in the service of either 
of the said belligerents, or belonging to the subjects of either, by 
adding to the number of guns of such vessels, or by changing 
those on board of her for guns of a larger caliber, or by the addi- 
tion thereto of any equipment solely applicable to war. 

11. Beginning or setting on foot or providing or preparing the 
means for any military expedition or enterprise to be carried on 



Use of Waters. 85 

from the territory or jurisdiction of the United States against- the 
territories or dominions of either of the said belligerents. 

And I do hereby further declare and proclaim that any fre- 
quenting and use of the waters within the territorial jurisdiction 
of the United States by the armed vessels of a belligerent, whether 
public ships or privateers, for the purpose of preparing for hostile 
operations, or as posts of observation upon the ships of war or 
privateers or merchant vessels of a belligerent lying within or be- 
ing about to enter the jurisdiction of the United States, must be 
regarded as unfriendly and offensive, and in violation of that 
neutrality which it is the determination of this government to 
observe ; and ^to the end that the hazard and inconvenience of 
such apprehended practices may be avoided, I further proclaim 
and declare that from and after the fifth day of August instant, 
and during the continuance of the present hostilities between 
Austria-Hungary and Servia, and Germany and Russia and Ger- 
many and France, no ship of war or privateer of any belligerent 
shall be permitted to make use of any port, harbor, roadstead, or 
other waters within the jurisdiction of the United States as a 
station or place of resort for any warlike purpose or for the pur- 
pose of obtaining any facilities of warlike equipment ; and no ship 
of war or privateer of either belligerent shall be permitted to sail 
out of or leave any port, harbor, roadstead, or waters subject to 
the jurisdiction of the United States from which a vessel of an 
opposing belligerent (whether the same shall be a ship of war, a 
privateer, or a merchant ship) shall have previously departed, 
until after the expiration of at least twenty-four hours from the 
departure of such last-mentioned vessel beyond the jurisdiction of 
the United States. 

If any ship of war or privateer of a belligerent shall, after the 
time this notification takes place, enter any port, harbor, road- 
stead, or waters of the United States, such vessel shall be required 
to depart and to put to sea within twenty-four hours after her 
entrance into such port, harbor, roadstead, or waters, except in 
case of stress of weather or of her requiring provisions or things 
necessary for the subsistence of her crew, or for repairs; in any 
of which cases the authorities of the port, or of the nearest port 
(as the case may be), shall require her to put to sea as soon as 
possible after the expiration of such period of twenty-four hours, 
without permitting her to take in supplies beyond wiiat may be 
necessary for her immediate use ; and no such vessel which may 
have been permitted to remain within the waters of the United 
States for the purpose of repair shall continue within such port, 
harbor, roadstead, or waters for a longer period than twenty- 
four hours after her necessary repairs shall have been completed, 
unless within such twenty-four hours a vessel, whether ship of 
war, privateer, or merchant ship of an opposing belligerent, shall 
have departed therefrom, in which case the time limited for the 
departure of such ship of war or privateer shall be extended so 
far as may be necessary to secure an interval of not less than 



8(> Neutrality Proclamation, United States. 

twenty-four hours between such departure and that of any ship 
of war, privateer, or merchant ship of an opposing belligerent 
which may have previously quit the same port, harbor, roadstead, 
or waters. 

No ship of war or privateer of a belligerent shall be detained in 
any port, harbor, roadstead, or waters of the United States more 
than twenty-four hours, by reason of the successive departures 
from such port, harbor, roadstead, or waters of more than one 
vessel of an opposing belligerent. But if there be several vessels 
of opposing belligerents in the same port, harbor, roadstead, or 
waters, the order of their departure therefrom shall be so ar- 
ranged as to afford the opportunity of leaving alternately to the 
vessels of the opposing belligerents, and to cause the least deten- 
tion-consistent with the objects of this proclamation. 

No ship of war or privateer of a belligerent shall be permit- 
ted, while in any port, harbor, roadstead, or waters within the 
jurisdiction of the United States, to take in any supplies except 
provisions and such other things as may be requisite for the sub- 
sistence of her crew, and except so much coal only as may be 
sufficient to carry such vessel, if without any sail power, to the 
nearest port of her own country ; or in case the vessel is rigged 
to go under sail, and may also be propelled by steam power, 
then with half the quantity of coal which she would be entitled 
to receive, if dependent upon steam alone, and no coal shall be 
again supplied to any such ship of war or privateer in the same 
or any other port, harbor, roadstead, or waters of the United 
States, without special permission, until after the expiration of 
three months from the time when such coal may have been last 
supplied to her within the waters of the United States, unless 
such ship of war or privateer shall, since last thus supplied, 
have entered a port of the government to which she belongs. 

And I do further declare and proclaim that the statutes and 
the treaties of the United States and the law of nations alike 
require that no person, within the territory and jurisdiction of 
the United States, shall take part, directly or indirectly, in the 
said wars, but shall remain at peace with all of the said bellig- 
erents, and shall maintain a strict and impartial neutrality. 

And I do hereby enjoin all citizens of the United States, and 
all persons residing or being within the territory or jurisdiction 
of the United States, to observe the laws thereof, and to commit 
no act contrary to the provisions of the said statutes or treaties 
or in violation of the law of nations in that behalf. 

And I do hereby warn all citizens of the United States, and all 
persons residing or being within its territory or jurisdiction that, 
while the free and full expression of sympathies in public and 
private is not restricted by the laws of the United States, mili- 
tary forces in aid of a belligerent cannot lawfully be originated 
or organized within its jurisdiction ; and that, while all persons 
may lawfully and without restriction by reason of the aforesaid 



Radio Communication. 87 

state of war manufacture and sell within the United States arms 
and munitions of war, and other articles ordinarily known as 
" contraband of war," yet they cannot carry such articles upon 
the high seas for the use or service of a belligerent, nor can 
they transport soldiers and officers of a belligerent, or attempt 
to break any blockade which may be lawfully established and 
maintained during the said war without incurring the risk of 
hostile capture and the penalties denounced by the law of 
nations in that behalf. 

And I do hereby give notice that all citizens of the United 
States and others who may claim the protection of this govern- 
ment, who may misconduct themselves in the premises, will do 
so at their peril, and that they can in no wise obtain any pro- 
tection from the government of the United States against the 
consequences of their misconduct. 

In Witness Whereof I have hereunto set my hand and caused 
the seal of the United States to be affixed. 

Done at the city of Washington this fourth day of August 
in the year of our Lord one thousand nine hundred and four- 
teen and of the independence of the United States of America 
the one hundred and thirty-ninth. 

[seal.] Woodrow W t ilson. 

By the President : 

William Jennings Bryan, 

Secretary of State. 

Executive order of the President with reference to radio com- 
munication, August 5, 1914. 

Whereas Proclamations having been issued by me declaring the 
neutrality of the United States of America in the wars now ex- 
isting between various European nations ; and 

Whereas it is desirable to take precautions to insure the en- 
forcement of said Proclamations in so far as the use of radio 
communication is concerned ; 

It is now ordered, by virtue of authority vested in me to estab- 
lish regulations on the subject, that all radio stations within the 
jurisdiction of the United States of America are hereby prohib- 
ited from transmitting or receiving for delivery messages of an 
unneutral nature, and from in any way rendering to any one of 
the belligerents any unneutral service, during the continuance 
of hostilities. 

The enforcement of this order is hereby delegated to the Secre- 
tary of the Navy, who is authorized and directed to take such 
action in the premises as to him may appear necessary. 

This order to take effect from and after this date. 

Woodrow Wilson. 

The White House. 



88 Military Service Liability. 

Circular of the Department of State with Reference to Liability 
for Military Service in Foreign Countries of Persons Residing 
in the United States. August lJ^, 1914. 

The Department of State has recently received numerous in- 
quiries from foreign-born persons residing in this country as to 
whether they may be compelled to perform military service in 
their native lands and as to what penalties, by way of fines, con- 
fiscation of property, or imprisonment in case of return, they will 
incur if they fail to report to the authorities of their country of 
origin for military service. Some of the inquiries refer to persons 
who have obtained naturalization as citizens of the United States, 
others to persons who have made declarations of intention to be- 
come American citizens, and stilL others to persons who have 
taken no steps toward acquiring American citizenship. Miscon- 
ception and confusion concerning this matter appear to be current. 

The United States is not a party to any treaties under which 
persons of foreign origin residing in this country may be com- 
pelled to return to their countries of origin for military service, 
nor is there any way in which persons may be forced into foreign 
armies against their will so long as they remain in the United 
States. 

The Department cannot undertake to give authentic, official 
information either, in general, as to the requirements of the mili- 
tary service laws of foreign countries and the penalties provided 
therein for evasion of military service, or, in particular, as to the 
status and present or future liabilities of individuals under such 
laws. Information of this kind must be obtained from officials 
of the foreign countries concerned. 

The Department issues printed circulars concerning the status 
in their native lands of naturalized citizens of the United States, 
natives of certain European countries, and these will be fur- 
nished to interested persons upon request. It is specifically stated 
in these circulars that the information contained in them is not 
to be considered as official so far as it relates to the laws and 
regulations of foreign countries. 

The United States has concluded treaties of naturalization 
with the following European countries : Austria-Hungary, Bel- 
gium, Denmark, the German States, Great Britain, Norway, and 
Sweden. Copies of these treaties are to be found in " Treaties, 
Conventions, etc., between the United States of America and 
Other Powers" (Government Printing Office, 1910), and separate 
copies may be furnished by the Department upon request. Under 
these treaties the naturalization of persons concerned as citizens 
of the United States and the termination of their former allegiance 
are recognized, with the reservation, in most of them, that such 
persons remain liable to trial and punishment in their native 
lands for offenses committed prior to emigration therefrom, in- 
cluding offenses of evasion of military duty. The United States 



Appeal to American People. 89 

holds that no naturalized citizen of this country can rightfully be 
held to account for military liability to his native land accruing 
subsequent to emigration therefrom, but this principle may be 
contested by countries with which the United States has not 
entered into treaties of naturalization. The latter countries may 
hold that naturalization of their citizens or subjects as citizens 
of other countries has no effect upon their original military obli- 
gation, or may deny the right of their citizens or subjects to 
become naturalized as citizens of other countries, in the absence 
of express consent or without the fulfillment of military obliga- 
tions. More specific information as to the Department's under- 
standing of the laws of these countries concerning nationality and 
military obligations may be found in the Department's circulars 
mentioned above. 

It is important to observe that an alien who declares his inten- 
tion to become a citizen of the United States does not, at the time 
of making such declaration, renounce allegiance to his original 
sovereign, but merely declares that he intends to do so. Such 
person does not, by his declaration of intention, acquire the status 
of a citizen of the United States. 

W. J. Bryan. 

Appeal to the American people by President Wilson, August J8, 

1914. 

My Fellow Countrymen : 

I suppose that every thoughtful man in America has asked 
himself, during the last troubled weeks, what influence the 
European war may exert upon the United States, and I take 
the liberty of addressing a few words to you in order to point 
out that it is entirely within our own choice what its effects 
upon us will be and to urge very earnestly upon you the sort of 
speech and conduct which will best safeguard the Nation against 
distress and disaster. 

The effect of the war upon the United States will depend upon 
what American citizens say and do. Every man who really loves 
America will act and speak in the true spirit of neutrality, which 
is the spirit of impartiality and fairness and friendliness to all 
concerned. The spirit of the Nation in this critical matter will 
be determined largely by what individuals and society and those 
gathered in public meetings do and say, upon what newspapers 
and magazines contain, upon what ministers utter in their pulpits, 
and men proclaim as their opinions on the street. 

The people of the United States are drawn from many nations, 
and chiefly from the nations now at war. It is natural and in- 
evitable that there should be the utmost variety of sympathy and 
desire among them with regard to the issues and circumstances of 
the conflict. Some will wish one nation, others another, to succeed 
in the momentous struggle. It will be easy to excite passion and 
difficult to allay it. Those responsible for exciting it will assume 



90 Radio Communication. 

a heavy responsibility, responsibility for no less a tiling than 
that the people of the United States, whose love of their country 
and whose loyalty to its Government should unite them as 
Americans all, bound in honor and affection to think first of her 
and her interests, may be divided in camps of hostile opinion, 
hot against each other, involved in the war itself in 'impulse 
and opinion if riot in action. 

Such divisions among us would be fatal to our peace of mind 
and might seriously stand in the way of the proper performance 
of our duty as the one great Nation at peace, the one people 
holding itself ready to play a part of impartial mediation and 
speak the counsels of peace and accommodation, not as a partisan, 
but as a friend. 

I venture, therefore, my fellow countrymen, to speak a solemn 
word of warning to you against that deepest, most subtle, most 
essential breach of neutrality which may spring out of partisan- 
ship, out of passionately taking sides. The United States must 
be neutral in fact as well as in name during these days that are 
to try men's souls. We must be impartial in thought as well as 
action, must put a curb upon our sentiments as well as upon 
every transaction that might be construed as a preference of one 
party to the struggle before another. 

My thought is of America. I am speaking, I feel sure, the 
earnest wish and purpose of every thoughtful American that this 
great country of ours, which is, of course, the first in our thoughts 
and in our hearts, should show herself in this time of peculiar 
trial a Nation fit beyond others to exhibit the fine poise of undis- 
turbed judgment, the dignity of self-control, the efficiency of dis- 
passionate action ; a Nation that neither sits in judgment upon 
others nor is disturbed in her own counsels and which keeps 
herself fit and free to do what is honest and disinterested and 
truly serviceable for the peace of the world. 

Shall we not resolve to put upon ourselves the restraints which 
will bring to our people the happiness and the great and lasting 
influence for peace we covet for them? 

Executive Order of the President with Further Reference to 
Radio Communication. September J, 1914- 

Whereas an order has been issued by me dated August 5, 1914, 
declaring that all radio stations within the jurisdiction of the 
United States of America were prohibited from transmitting or 
receiving for delivery messages of an unneutral nature and from 
in any way rendering to any one of the belligerents any unneutral 
service ; and 

Whereas it is desirable to take precautions to insure the en- 
forcement of said order in so far as it relates to the transmission 
of code and cipher messages by high-powered stations capable of 
trans-Atlantic communication ; 



Base of Operations. 91 

Now therefore it is ordered by virtue of authority vested in me 
by the radio Act of August 13, 1912, that one or more of the high- 
powered radio stations within the jurisdiction of the United 
States and capable of trans-Atlantic communication shall be 
taken over by the Government of the United States and used or 
controlled by it to the exclusion of any other control or use for 
the purpose of carrying on communication with land stations in 
Europe, including code and cipher messages. 

The enforcement of this order and the preparation of regula- 
tions therefor is hereby delegated to the Secretary of the Navy, 
who is authorized and directed to take such action in the prem- 
ises as to him may appear necessary- 

This order shall take effect from and after this date. 

Woodrow Wilson. 

The White House. 

Memorandum of the Department of State with Reference to 
Merchant Vessels Suspected of Carrying Supplies to Belligerent 
Vessels, September 19, 1914. 

1. A base of operations for belligerent warships is presumed 
when fuel or other supplies are furnished at an American port to 
such warships more than once within three months since the war 
began, or during the period of the war, either directly or by means 
of naval tenders of the belligerent or by means of merchant ves- 
sels of belligerent or neutral nationality acting as tenders. 

2. A common rumor or suspicion that a merchant vessel laden 
with fuel or other naval supplies intends to deliver its cargo to a 
belligerent warship on the high seas, when unsupported by direct 
or circumstantial evidence, imposes no duty on a neutral govern- 
ment to detain such ships even for the purpose of investigating 
the rumor or suspicion, unless it is known that the vessel has been 
previously engaged in furnishing supplies to a belligerent warship. 

3. Circumstantial evidence, supporting a rumor or suspicion 
that a merchant vessel intends to furnish a belligerent warship 
with fuel or other supplies on the high seas, is sufficient to war- 
rant detention of the vessel until its intention can be investigated 
in the following cases : 

(a) When a belligerent warship is known to be off the port at 
which the merchant vessel is taking on cargo suited for naval 
supplies or when there is a strong presumption that the warship 
is off the port. 

(b) When a merchant vessel is of the nationality of the bel- 
ligerent whose warship is known to be off the coast. 

(c) When a merchant vessel, which has, on a previous voyage 
between ports of the United States and ports of other neutral 
states, failed to have on board at the port of arrival a cargo con- 
sisting of naval supplies shipped at the port of departure, seeks 
lo take on board a similar cargo. 



92 Supplying Belligerent Vessels. 

(d) When coal or other supplies are purchased by an agent of 
a belligerent government and shipped on board a merchant vessel 
which does not clear for a port of the belligerent but for a neigh- 
boring neutral port. 

(e) When an agent of a belligerent is taken on board a mer- 
chant vessel having a cargo of fuel or other supplies and clearing 
for a neighboring neutral port. 

4. The fact that a merchant vessel, which is laden with fuel or 
other naval supplies, seeks clearance under strong suspicion that 
it is the intention to furnish such fuel or supplies to a belligerent 
warship is not sufficient ground to warrant its detention, if the 
case is isolated and neither the vessel nor the warship for which 
the supplies are presumably intended has previously taken on 
board similar supplies since the war began or within three months 
during the period of the war. 

5. The essential idea of neutral territory becoming the base for 
naval operations by a belligerent is repeated departure from such 
territory by a naval tender of the belligerent or by a merchant 
vessel in belligerent service which is laden with fuel or other 
naval supplies. 

6. A merchant vessel, laden with naval supplies, clearing from 
a port of the United States for the port of another neutral nation, 
which arrives at its destination and there discharges its cargo, 
should not be detained if, on a second voyage, it takes on board 
another cargo of similar nature. 

In such a case the port of the other neutral nation may be a 
base for the naval operations of a belligerent. If so, and even if 
the fact is notorious, this Government is under no obligation to 
prevent the shipment of naval supplies to that port. Commerce 
in munitions of war between neutral nations cannot as a rule be 
a basis for a claim of unneutral conduct, even though there is a 
strong presumption or actual knowledge that the neutral state, in 
whose port the supplies are discharged, is permitting its territory 
to be used as a base of supply for belligerent warships. The duty 
of preventing an unneutral act rests entirely upon the neutral 
state whose territory is being used as such a base. 

In fact this principle goes further in that, if the supplies were 
shipped directly to an established naval base in the territory or 
under the control of a belligerent, this Government would not be 
obligated by its neutral duty to limit such shipments or detain or 
otherwise interfere with the merchant vessels engaged in that 
trade. A neutral can only be charged with unneutral conduct 
when the supplies, furnished to a belligerent warship, are fur- 
nished directly to it in a port of the neutral or through naval 
tenders or merchant vessels acting as tenders departing from such 
port. 

7. The foregoing propositions do not apply to furnishing muni- 
tions of war included in absolute contraband, since in no event can 
a belligerent warship take on board such munitions in neutral 



Status of Armed Merchant Vessels. 93 

waters, nor should it be permitted to do so indirectly by means of 
naval tenders or merchant vessels acting as such tenders. 

Department of State, 
September 19, 19U. 

Memorandum in reference to The Status of Armed Merchant Ves- 
sels, September 19, 1914. 1 

A. 

A merchant vessel of belligerent nationality may carry an arma- 
ment and ammunition for the sole purpose of defense without 
acquiring the character of a ship of war. 

B. 

The presence of an armament and ammunition on board a mer- 
chant vessel creates a presumption that the armament is for offen- 
sive purposes, but the owners or agents may overcome this pre- 
sumption by evidence showing that the vessel carries armament 
solely for defense. 

C. 

Evidence necessary to establish the fact that the armament is 
solely for defense and will not be used offensively, whether the 
armament be mounted or stowed below, must be presented in each 
case independently at an official investigation. The result of the 
investigation must show conclusively that the armament is not 
intended for, and will not be used in, offensive operations. 

Indications that the armament will not be used offensively are : 

1. That the caliber of the guns carried does not exceed six 
inches. 

2. That the guns and small arms carried are few in number. 

3. That no guns are mounted on the forward part of the vessel. 

4. That the quantity of ammunition carried is small. 

5. That the vessel is manned by its usual crew, and the officers 
are the same as those on board before war was declared. 

6. That the vessel intends to and actually does clear for a port 
lying in its usual trade route, or a port indicating its purpose to 
continue in the same trade in which it was engaged before war 
was declared. 

7. That the vessel takes on board fuel and supplies sufficient 
only to carry it to its port of destination, or the same quantity 
substantially which it has been accustomed to take for a voyage 
before war was declared. 

8. That the cargo of the vessel consists of articles of commerce 
unsuited for the use of a ship of war in operations against an 
enemy. 

1 Reproduced by Cuba in a decree of March 3, 1916. (Boletin Oficial 
de la Secretaria de Estado, 1916, p. 501.) 



94 Agreement ivith Panama. 

9. That the vessel carries passengers who are as a whole unfit- 
ted to enter the military or naval service of the belligerent whose 
flag the vessel flies, or of any of its allies, and particularly if the 
passenger list includes women and children. 

10. That the speed of the ship is slow. 

D. 

Port authorities on the arrival in a port of the United States of 
an armed vessel of belligerent nationality, claiming to be a mer- 
chant vessel, should immediately investigate and report to Wash- 
ington on the foregoing indications as to the intended use of the 
armament, in order that it may be determined whether the evi- 
dence is sufficient to remove the presumption that the vessel is, 
and should be treated as, a ship of war. Clearance will not be 
granted until authorized from Washington, and the master will 
be so informed upon arrival. 

E. 

The conversion of a merchant vessel into a ship of war is a 
question of fact which is to be established by direct or circum- 
stantial evidence of intention to use the vessel as a ship of war. 

Department of State, 
September 19, 191'/. 

[No. 1287.] 

Protocol of an agreement between the United States and Panama, 

October 10, 191^ 

[38 U. S. Stat. 2042.] 

Protocol of an agreement concluded between Honorable Robert 
Lansing, Acting Secretary of State of the United States, and Don 
Eusebio A. Morales, Envoy Extraordinary and Minister Plenipo- 
tentiary of the Republic of Panama, signed the tenth day of 
October, 1914. 

The undersigned, the Acting Secretary of State of the United 
States of America and the Envoy Extraordinary and Minister 
Plenipotentiary of the Republic of Panama, in view of the close 
association of the interests of their respective Governments on 
the Isthmus of Panama, and to the end that these interests may 
be conserved and that, when a state of war exists, the neutral 
obligations of both Governments as neutrals may be maintained, 
after having conferred on the subject and being duly empowered 
by their respective Governments, have agreed : 

That hospitality extended in the waters of the Republic of 
Panama to a belligerent vessel of war or a vessel belligerent or 



1 See proclamation of November 13, 1914, p. 96. 



Neutrality and Contraband. 95 

neutral, whether armed or not, which is employed by a belligerent 
power as a transport or fleet auxiliary or in any other way for 
the direct purpose of prosecuting or aiding hostilities, whether by 
hind or sea, shall serve to deprive such vessel of like hospitality in 
the Panama Canal Zone for a period of three months, and vice 
versa. 

In testimony whereof, the undersigned have signed and sealed 
the present Protocol in the city of Washington, this tenth day of 
October, 1914. 

Robert Lansing [l. s.] 

Eusebio A. Morales Le. s.] 

Circular of the Department of State of the United States with 
Reference to Neutrality and Trade in Contraband. .October 15, 
191',. 

The Department of State has received numerous inquiries from 
American merchants and other persons as to whether they could 
sell to governments or nations at war contraband articles without 
violating the neutrality of the United States, and the Department 
lias also received complaints that sales of contraband were being 
made on the apparent supposition that they were unneutral acts 
which this Government should prevent. 

In view of the number of communications of this sort which 
have been received it is evident that there is a widespread mis- 
apprehension among the people of this country as to the obliga- 
tions of the United States as a neutral nation in relation to trade 
in contraband and as to the powers of the executive branch of the 
government over persons who engage in it. For this reason it 
seems advisable to make an explanatory statement on the subject 
for the information of the public. 

In the first place it should be understood that, generally speak- 
ing, a citizen of the United States can sell to a belligerent gov- 
ernment or its agent any article of commerce which he pleases. 
He is not prohibited from doing this by any rule of international 
law. by any treaty provisions, or by any statute of the United 
States. It makes no difference whether the articles sold are ex- 
clusively for war purposes, such as firearms, explosives, etc., or 
are foodstuffs, clothing, horses, etc., for the use of the army or 
navy of the belligerent. 

Furthermore, a neutral government is not compelled by inter- 
national law, by treaty, or by statute to prevent these sales to a 
belligerent. Such sales, therefore, by American citizens do not 
in the least affect the neutrality of the United States. 

It is true that such articles as those mentioned are considered 
contraband and are, outside the territorial jurisdiction of a neu- 
tral nation, subject to seizure by an enemy of the purchasing gov- 
ernment, but it is the enemy's duty to prevent the articles reach- 
ing their destination, not the duty of the nation whose citizens 
have sold them. If the enemy of the purchasing nation happens 



96 Neutrality Proclamation, Canal Zone. 

for the time to be unable to do this that is for him one of the 
misfortunes of war ; the inability, however, imposes on the neutral 
government no obligation to prevent the sale. 

Neither the President nor any executive department of the 
Government possesses the legal authority to interfere in any way 
with trade between the people of this country and the territory 
of the belligerent. There is no act of Congress conferring such 
authority or prohibiting traffic of this sort with European nations, 
although in the case of neighboring American Republics Congress 
has given the President power to proclaim an embargo on arms 
and ammunition when in his judgment it would tend to prevent 
civil strife. 

For the Government of the United States itself to sell to a 
belligerent nation would be an unneutral act, but for a private 
individual to sell to a belligerent any product of the United States 
is neither unlawful nor unneutral, nor within the power of the 
Executive to prevent or control. 

The foregoing remarks, however, do not apply to the outfitting 
or furnishing of vessels in American ports or of military expedi- 
tions on American soil in aid of a belligerent. These acts are 
prohibited by the neutrality laws of the United States. 

Depaktment of State, 
October 15, 191^. 

[Proclamation No. 1271.] 

Proclamation relating to the neutrality of the Panama Canal 
Zone. November 13, 1914- 1 

[38 U. S. Stat. 2039.] 
By the President of the United States of America. 

A PROCLAMATION. 

Whereas, the United States is neutral in the present war and 
Whereas the United States exercises sovereignty in the land 
and waters of the Canal Zone and is authorized by its treaty 
with Panama of February twenty-six, nineteen hundred and four, 2 
to maintain neutrality in the cities of Panama and Colon, and 
the harbors adjacent to the said cities : 

Now, therefore, I, Woodrow Wilson, President of the United 
States of America, do hereby declare and proclaim the following 
Rules and Regulations Governing the Use of the Panama Canal 
by Vessels of Belligerents and the Maintenance of Neutrality by 
the United States in the Canal Zone, which are in addition to 
the general " Rules and Regulations for the Operation and Navi- 
gation of the Panama Canal and Approaches Thereto, including 
all Waters under its jurisdiction " put into force by Executive 
Order of July 9, 1914, and I do bring to the attention of all con- 
cerned the Protocol of an Agreement between the United States 



1 See protocol of October 10, 1914, p. 94. 

2 Malloy, Treaties, p. 1349. 



War Vessels in Canal Zone. 97 

and the Republic of Panama, signed at Washington, October 10, 
1914, which protocol is hereunto annexed. 1 

Rule 1. A vessel of war, for the purposes of these rules, is de- 
fined as follows: a public armed vessel, under the command of 
an officer duly commissioned by the government, whose name 
appears on the list of officers of the military fleet, and the crew 
of which are under regular naval discipline, which vessel is 
qualified by its armament and the character of its personnel to 
take offensive action against the public or private ships of the 
enemy. 

Rule 2. In order to maintain both the neutrality of the Canal 
and that of the United States owning and operating it as a gov- 
ernment enterprise, the same treatment, except as hereinafter 
noted, as that given to vessels of war of the belligerents shall be 
given to every vessel, belligerent or neutral, whether armed or not, 
that does not fall under the definition of Rule 1, which vessel is 
employed by a belligerent Power as a transport or fleet auxiliary 
or in any other way for the direct purpose of prosecuting or aid- 
ing hostilities, whether by land or sea ; but such treatment shall 
not be given to a vessel fitted up and used exclusively as a hos- 
pital ship. 

Rale 3. A vessel of war of a belligerent, or a vessel falling under 
Rule 2 which is commanded by an officer of the military fleet, 
shall only be permitted to pass through the Canal after her com- 
manding officer has given written assurance to the Authorities of 
the Panama Canal that the Rules and Regulations will be faith- 
fully observed. 

The authorities of the Panama Canal shall take such steps as 
may be requisite to insure the observance of the Rules and Regu- 
lations by vessels falling under Rule 2 which are not commanded 
by an officer of the military fleet. 

Rule 4- Vessels of war of a belligerent and vessels falling 
under Rule 2 shall not revictual nor take any stores in the Canal 
except so far as may be strictly necessary ; and the transit of 
such vessels through the Canal shall be effected with the least 
possible delay in accordance with the Canal Regulations in force, 
and with only such intermission as may result from the necessi- 
ties of the service. 

Prizes shall be in all respects subject to the same Rules as 
vessels of war of the belligerents. 

Rule 5. No vessel of war of a belligerent or vessel falling under 
Rule 2 shall receive fuel or lubricants while within the territorial 
waters of the Canal Zone, except on the written authorization of 
the Canal Authorities, specifying the amount of fuel and lubri- 
cants which may be received. 

Rule 6. Before issuing any authorization for the receipt of fuel 
and lubricants by any vessel of war of a belligerent or vessel 



1 See protocol of October 10, 1914, p. 91. 
79596—17 7 



98 Neutrality Proclamation, Canal Zone. 

falling under Rule 2, the Canal Authorities shall obtain a written 
declaration duly signed by the officer commanding such vessel, 
stating the amount of fuel and lubricants already on board. 

Rule 7. Supplies will not be furnished by the Government of 
the United States, either directly, or indirectly through the inter- 
vention of a corporation, or otherwise, to vessels of war of a 
belligerent or vessels falling under Rule 2. If furnished by 
private contractors, or if taken from vessels under the control of 
a belligerent, fuel and lubricants may be taken on board vessels 
of war of a belligerent or vessels falling under Rule 2 only upon 
permission of the Canal Authorities, and then only in such 
amounts as will enable them, with the fuel and lubricants already 
on board, to reach the nearest accessible port, not an enemy port, 
at which they can obtain supplies necessary for the continuation 
of the voyage. The amounts of fuel and lubricants so received 
will be deducted from the amounts otherwise allowed in the ports 
under the jurisdiction of the United States during any time 
within a period of three months thereafter. Provisions furnished 
by contractors may be supplied only upon permission of the Canal 
Authorities, and then only in amount sufficient to bring up their 
supplies to the peace standard. 

Rule S. No belligerent shall embark or disembark troops, muni- 
tions of war, or warlike materials in the Canal, except in case of 
necessity due to accidental hindrance of the transit. In such 
cases the Canal Authorities shall be the judge of the necessity, 
and the transit shall be resumed with all possible dispatch. 

Rule 9. Vessels of war of a belligerent and vessels falling under 
Rule 2 shall not remain in the territorial waters of the Canal 
Zone under the jurisdiction of the United States longer than 
twenty-four hours at any one time, except in case of distress ; and 
in such case, shall depart as soon as possible; but a vessel of war 
of one belligerent shall not depart within twenty-four hours from 
the departure of a vessel of an opposing belligerent. 

The twenty-four hours of this rule shall be construed to be 
twenty-four hours in addition to the time necessarily occupied in 
passing through the Canal. 

Rule 10. In the exercise of the exclusive right of the United 
States to provide for the regulation and management of the Canal, 
and in order to insure that the Canal shall be kept free and open 
on terms of entire equality to vessels of commerce and of war, 
there shall not be, except by special arrangement, at any one time 
a greater number of vessels of war of any one nation, including 
those of the allies of a belligerent nation, than three in either 
terminal port and its adjacent terminal waters, or than three in 
transit through the Canal ; nor shall the total number of such 
vessels, at any one time, exceed six in all the territorial waters 
of the Canal Zone under the jurisdiction of the United States. 

Rule 11. When vessels of war or vessels falling under Rule 2, 
belonging to or employed by opposing belligerents, are present 



War Vessels in Canal Zone. 99 

simultaneously in the waters of the Canal Zone, a period of not 
less than twenty-four hours must elapse between the departure of 
the vessel belonging to or employed by one belligerent and the 
departure of the vessel belonging to or employed by his adversary. 

The order of departure is determined by order of arrival, unless 
the vessel which arrived first is so circumstanced that an exten- 
sion of her stay is permissible. 

A vessel of war of a belligerent or vessel falling under Rule 2 
may not leave the waters of the Canal Zone until twenty-four 
hours after the departure of a private vessel flying the flag of the 
adversary. 

Rule 12. A vessel of war of a belligerent or vessel falling under 
Rule 2 which has left the waters of the Canal Zone, whether she 
has passed through the Canal or not, shall, if she returns within a 
period of one week after her departure, lose all privileges of prece- 
dence in departure from the Canal Zone, or in passage through the 
Canal, over vessels flying the flag of her adversaries which may 
enter those waters after her return and before the expiration of 
one week subsequent to her previous departure. In any such case 
the time of departure of a vessel which has so returned shall be 
fixed by the Canal Authorities, who may in so doing consider the 
wishes of the commander of a public vessel or of the master of a 
private vessel of the adversary of the returned vessel, which 
adversary's vessel is then present within the waters of the Canal 
Zone. 

Rule 13. The repair facilities and docks belonging to the United 
States and administered by the Canal Authorities shall not be 
used by a vessel of war of a belligerent, or vessels falling under 
Rule 2, except when necessary in case of actual distress, and then 
only upon the order of the Canal Authorities, and only to the 
degree necessary to render the vessel seaworthy. Any work 
authorized shall be done with the least possible delay. 

Rule Uf. The radio installation of any vessel of a belligerent 
Power, public or private, or of any vessel falling under Rule 2, 
shall be used only in connection with Canal business to the exclu- 
sion of all other business while within the waters of the Canal 
Zone, including the waters of Colon and Panama Harbors. 

Rale 15. Air craft of a belligerent Power, public or private, are 
forbidden to descend or arise within the jurisdiction of the United 
States at the Canal Zone, or to pass through the air spaces above 
the lands and waters within said jurisdiction. 

Rule 16. For the purpose of these rules the Canal Zone includes 
the cities of Panama and Colon and the harbors adjacent to the 
said cities. 

In witness whereof, I have hereunto set my hand and caused 
the seal of the United States to be affixed. 



100 Joint Resolution, Neutrality, United States. 

Done at the city of Washington this thirteenth day of November 
in the year of our Lord one thousand nine hundred and fourteen 
and of the independence of the United States the one hundred and 
thirty-ninth. 

[SEAL.] WOODROW WlLSON. 

By the President: 
W. J. Bryan, 

Secretary of State. 

Joint Resolution to Empower the President to better Enforce and 
Maintain the Neutrality of the United States. March 4, 1915. 

[38 U. S. Stat. 1226.] 

Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That, from and 
after the passage of this resolution, and during the existence of 
a war to which the United States is not a party, and in order to 
prevent the neutrality of the United States from being violated 
by the use of its territory, its ports, or its territorial waters as the 
base of operations for the armed forces of a belligerent, contrary 
to the obligations imposed by the law of nations, the treaties to 
which the United States is a party, or contrary to the statutes 
of the United States, the President be, and he is hereby, author- 
ized and empowered to direct the collectors of customs under the 
jurisdiction of the United States to withhold clearance from any 
vessel, American or foreign, which he has reasonable cause to 
believe to be about to carry fuel, arms, ammunition, men, or sup- 
plies to any warship, or tender, or supply ship of a belligerent 
nation, in violation of the obligations of the United States as a 
neutral nation. 

In case any such vessel shall depart or attempt to depart from 
the jurisdiction of the United States without clearance for any 
of the purposes above set forth, the owner or master or person or 
persons having charge or command of such vessel shall severally 
be liable to a fine of not less than $2,000 nor more than ,$10,000, 
or to imprisonment not to exceed two years, or both, and, in addi- 
tion, such vessel shall be forfeited to the United States. 

That the President of the United States be, and he is hereby, 
authorized and empowered to employ such part of the land or 
naval forces of the United States as shall be necessary to carry 
out the purposes of this resolution. 

That the provisions of this resolution shall be deemed to extend 
to all land and water, continental or insular, within the jurisdic- 
tion of the United States. 

Approved, March 4, 1915. 



Memorandum on Armed Merchant Vessels. 101 

Memorandum on the Status of Armed Merchant Vessels, March 

25, 1916. 1 

Depaktment of State, 
Washington, March 25, 1916. 

I. 

The status of an armed merchant vessel of a belligerent is to 
be considered from two points of view : First, from that of a 
neutral when the vessel enters its ports ; and, second, from that 
of an enemy when the vessel is on the high seas. 

Fiest. — An Armed Merchant Vessel in Neutral Ports. 

(1) It is necessary for a neutral Government to determine the 
status of an armed merchant vessel of belligerent nationality 
which enters its jurisdiction, in order that the Government may 
protect itself from responsibility for the destruction of life and 
property by permitting its ports to be used as bases of hostile 
operations by belligerent warships. 

(2) If the vessel carries a commission or orders issued by a 
belligerent Government and directing it under penalty to conduct 
aggressive operations, or if it is conclusively shown to have con- 
ducted such operations, it should be regarded and treated as a 
warship. 

(3) If sufficient evidence is wanting, a neutral Government, in 
order to safeguard itself from liability for failure to preserve its 
neutrality, may reasonably presume from the facts the status of 
an armed merchant vessel which frequents its waters. There is 
no settled rule of international law as to the sufficiency of evidence 
to establish such a presumption. As a result a neutral Govern- 
ment must decide for itself the sufficiency of the evidence which it 
requires to determine the character of the vessel. For the guid- 
ance of its port officers and other officials a neutral Government 
may therefore declare a standard of evidence, but such standard 
may be changed on account of the general conditions of naval 
warfare or modified on account of the circumstances of a particu- 
lar case. These changes and modifications may be made at any 
time during the progress of the war, since the determination of 
the status of an armed merchant vessel in neutral waters may 
affect the liability of a neutral Government. 

Second. — An Armed Merchant Vessel on the High Seas. 

(1) It is necessary for a belligerent warship to determine the 
status of an armed merchant vessel of an enemy encountered on 

1 " By direction of the President, a memorandum was prepared during 
March, 1916, in regard to the status of armed merchant vessels in neutral 
ports and on the high seas. This memorandum is now made public as a 
statement of this Government's attitude on that subject." 



102 Status of Armed Merchant Vessels. 

the high seas, since the rights of life and property of belligerents 
and neutrals on board the vessel may be impaired if its status is 
that of an enemy warship. 

(2) The determination of warlike character must rest in no 
case upon presumption but upon conclusive evidence, because the 
responsibility for the destruction of life and property depends on 
the actual facts of the case and can not be avoided or lessened by 
a standard of evidence which a belligerent may announce as 
creating a presumption of hostile character. On the other hand, to 
safeguard himself from possible liability for unwarranted destruc- 
tion of life and property the belligerent should, in the absence of 
conclusive evidence, act on the presumption that an armed mer- 
chantman is of peaceful character. 

(3) A presumption based solely on the presence of an armament 
on a merchant vessel of an enemy is not a sufficient reason for a 
belligerent to declare it to be a warship and proceed to attack it 
without regard to the rights of the persons on board. Conclusive 
evidence of a purpose to use the armament for aggression is essen- 
tial. Consequently an armament which a neutral Government, 
seeking to perform its neutral duties, may presume to be intended 
for aggression, might in fact on the high seas be used solely for 
protection. A neutral Government has no opportunity to deter- 
mine the purpose of an armament on a merchant vessel unless 
there is evidence in the ship's papers or other proof as to its 
previous use, so that the Government is justified in substituting an 
arbitrary rule of presumption in arriving at the status of the 
merchant vessel. On the other hand, a belligerent warship can on 
the high seas test by actual experience the purpose of an arma- 
ment on an enemy merchant vessel, and so determine by direct 
evidence the status of the vessel. 

Summary. 

The status of an armed merchant vessel as a warship in neutral 
waters may be determined, in the absence of documentary proof 
or conclusive evidence of previous aggressive conduct, by presump- 
tion derived from all the circumstances of the case. 

The status of such vessel as a warship on the high seas must 
be determined only upon conclusive evidence of aggressive pur- 
pose, in the absence of which it is to be presumed that the vessel 
has a private and peaceable character and it should be so treated 
by an enemy warship. 

In brief, a neutral Government may proceed upon the presump- 
tion that an armed merchant vessel of belligerent nationality is 
armed for aggression, while a belligerent should proceed on the 
presumption that the vessel is armed for protection. Both of 
these presumptions may be overcome by evidence — the first by 
secondary or collateral evidence, since the fact to be established is 



Relations on High Seas. 103 

negative in character ; the second by primary and direct evidence, 
since the fact to be established is positive in character. 

II. 

The character of the evidence upon which the status of an 
armed merchant vessel of belligerent nationality is to be deter- 
mined when visiting neutral waters and when traversing the high 
seas having been stated, it is important to consider the rights and 
duties of neutrals and belligerents as affected by the status of 
armed merchant vessels in neutral ports and on the high seas. 

First. — The Relations of Belligerents and Neutrals as Af- 
fected by the Status of Armed Merchant Vessels in 
Neutral Ports. 

(1) It appears to be the established rule of international law 
that warships of a belligerent may enter neutral ports and accept 
limited hospitality there upon condition that they leave, as a rule, 
within 24 hours after their arrival. 

(2) Belligerent warships are also entitled to take on fuel once 
in three months in ports of a neutral country. 

(3) As a mode of enforcing these rules a neutral has the right 
to cause belligerent warships failing to comply with them, to- 
gether with their officers and crews, to be interned during the 
remainder of the war. 

(4) Merchantmen of belligerent nationality, armed only for 
purposes of protection against the enemy, are entitled to enter 
and leave neutral ports without hindrance in the course of legiti- 
mate trade. 

(5) Armed merchantmen of belligerent nationality under a 
commission or orders of their Government to use, under penalty, 
their armament for aggressive purposes, or merchantmen which, 
without such commission or orders, have used their armaments 
for aggressive purposes, are not entitled to the same hospitality 
in neutral ports as peaceable armed merchantmen. 

Second. — The Relations of Belligerents and Neutrals as Af- 
fected by the Status of Armed Merchant Vessels on the 
High Seas. 

(1) Innocent neutral property on the high seas can not legally 
be confiscated, but is subject to inspection by a belligerent. 
Resistance to inspection removes this immunity and subjects 
the property to condemnation by a prize court, which is charged 
with the preservation of the legal rights of the owners of neutral 
property. 

(2) Neutral property engaged in contraband trade, breach of 
blockade, or unneutral service obtains the character of enemy 



104 Status of Armed Merchant Vessels. 

property and is subject to seizure by a belligerent and condemna- 
tion by a prize court. 

(3) When hostile and innocent property is mixed, as in the 
case of a neutral ship carrying a cargo which is entirely or 
partly contraband, this fact can only be determined by inspec- 
tion. Such innocent property may be of uncertain character, as 
it has been frequently held that it is more or less contaminated 
by association with hostile property. For example, under the 
Declaration of London (which, so far as the provisions cover- 
ing this subject are concerned, has been adopted by all the bel- 
ligerents) the presence of a cargo, which in bulk or value consists 
of 50 per cent contraband articles, impresses the ship with enemy 
character and subjects it to seizure and condemnation by a prize 
court. 

(4) Enemy property, including ships and .cargoes, is always 
subject to seizure and condemnation. Any enemy property taken 
by a belligerent on the high seas is a total loss to the owners. 
There is no redress in a prize court. The only means of avoid- 
ing loss is by flight or successful resistance. Enemy merchant 
ships have, therefore, the right to arm for the purpose of self- 
protection. 

(5) A belligerent warship is any vessel which, under commis 
sion or orders of its Government imposing penalties or entitling 
it to prize money, is armed for the purpose of seeking and cap- 
turing or destroying enemy property or hostile neutral property 
on the seas. The size of the vessel, strength of armament, and 
its defensive or offensive force are immaterial. 

(6) A belligerent warship has, incidental to the right of seizure, 
the right to visit and search all vessels on the high seas for the 
purpose of determining the hostile or innocent character of the 
vessels and their cargoes. If the hostile character of the prop- 
erty is known, however, the belligerent warship may seize the 
property without exercising the right of visit and search which 
is solely for the purpose of obtaining knowledge as to the char- 
acter of the property. The attacking vessel must display its 
colors before exercising belligerent rights. 

(7) When a belligerent warship meets a merchantman on the 
high seas which is known to be enemy owned and attempts to 
capture the vessel, the latter may exercise its right of self-pro- 
tection either by flight or by resistance. The right to capture and 
the right to prevent capture are recognized as equally justifiable. 

(8) The exercise of the right of capture is limited, neverthe- 
less, by certain accepted rules of conduct based on the principles 
of humanity and regard for innocent property, even if there is 
definite knowledge that some of the property, cargo as well as 
the vessel, is of enemy character. As a consequence of these 
limitations, it has become the established practice for warships 
to give merchant vessels an opportunity to surrender or submit to 



Liability of Vessel. 105 

visit and search before attempting to seize them by force. The 
observance of this rule of naval warfare tends to prevent the loss 
of life of noncombatants and the destruction of innocent neutral 
property which would result from sudden attack. 

(9) If, however, before a summons to surrender is given, a 
merchantman of belligerent nationality, aware of the approach 
of an enemy warship, uses its armament to keep the enemy at 
a distance, or after it has been summoned to surrender it resists 
or flees, the warship may properly exercise force to compel sur- 
render. 

( 10 ) If the merchantman finally surrenders, the belligerent war- 
ship may release it or take it into custody. In the case of an 
enemy merchantman it may be sunk, but only if it is impossible 
to take it into port, and provided always that the persons on 
board are put in a place of safety. In the case of a neutral mer- 
chantman, the right to sink it in any circumstance is doubtful. 

(11) A merchantman entitled to exercise the right of self -pro- 
tection may do so when certain of attack by an enemy warship, 
otherwise the exercise of the right would be so restricted as to 
render it ineffectual. There is a distinct difference, however, 
between the exercise of the right of self-protection and the act 
of cruising the seas in an armed vessel for the purpose of attack- 
ing enemy naval vessels. 

(12) In the event that merchant ships of belligerent nationality 
are armed and under commission or orders to attack in all cir- 
cumstances certain classes of enemy naval vessel for the pur- 
pose of destroying them, and are entitled to receive prize money 
for such service from their Government or are liable to a pen- 
alty for failure to obey the orders given, such merchant ships 
lose their status as peaceable merchant ships and are to a limited 
extent incorporated in the naval forces of their Government, 
even though it is not their sole occupation to conduct hostile 
operations. 

(13) A vessel engaged intermittently in commerce and under 
a commission or orders of its Government imposing a penalty, 
in pursuing and attacking enemy naval craft, possesses a status 
tainted with a hostile purpose which it can not throw aside 
or assume at will. It should, therefore, be considered as an armed 
public vessel and receive the treatment of a warship by an enemy 
and by neutrals. Any persons taking passage on such a vessel 
can not expect immunity other than that accorded persons who 
are on board a warship. A private vessel, engaged in seeking 
enemy naval craft, without such a commission or orders from 
its Government, stands in a relation to the enemy similar to 
that of a civilian who fires upon the organized military forces 
of a belligerent, and is entitled to no more considerate treatment. 



106 Neutrality Declaration, Uruguay. 

URUGUAY. 

Declaration of neutrality, August 4, 19J4. 1 

[Oriental Republic of Uruguay, Boletin del Ministerio de ReJaciones ex- 
teriores, 1914, p. 653, Registro Nacional, 1914, p. 392.] 

Ministry of Foreign Relations, 

Montevideo, August J t , 191J/. 
In view of the communications received from the legation of 
Germany and from the consulate of Russia, concerning the decla- 
ration of war between Germany and France on the 1st instant. 
The President of the Republic decrees: 

Article 1. Receipt of the communications will be acknowledged 
by stating that the necesary instructions will be given for the 
observance of the duties which adhere to Uruguay as a neutral 
country in the presence of the said war. 

Art. 2. The ministries of foreign relations and of war and navy 
are charged with the execution of the present decree and of the 
others which accompany it. 

Art. 3. Let it be communicated, inserted, and published. 

Batlle y Ordonez. 
Baltasar Brum. 

Maritime rules of neutrality which ought to be observed in all 
the ports, roadsteads and territorial and jurisdictional waters 
of the Republic of Uruguay. August 7, 191J f . 

[Registro Nacional, 1914, p. 393.] 

Ministry of Foreign Relations, 
Ministry of War and Navy, 

Montevideo, August 7, 191.' t . 

In view of 

The provisions of the Conventions of The Hague of 1907, 
adopted by practically all the maritime and other nations, and 
in conformity with the principles of international law ; 

The provisions contained in the three rules of the convention 
between England and the United States of May 8, 1871, 2 consid- 
ered equally applicable in the general practice with respect to 
the duties of neutral countries in case of maritime war : 

Articles 139, 140, 142, 143, 144, and 145 of the Penal Code of 
the Republic relative to crimes against the law of nations ; 
The President of the Republic decrees: 

Article 1. In case of war between two or more countries, the 
Republic remaining neutral, the following rules will be applied 



1 Similar declarations were issued in reference to war between Germany 
and Belgium and England, August 7, 1914 ; France and Austria-Hungary, 
August 14, 1914 ; Austria-Hungary and England and Russia, August 14, 
1914 ; Turkey and France, November G, 1914 ; Turkey and England, No- 
vember 6, 1914. 

2 Treaty of Washington, art. 6, Malloy, Treaties, p. 703. 



Use of Territorial Waters. 107 

with respect to the ports, roadsteads, and territorial waters of 
the same. 

Art. 2. In accordance with the principle established by the 
treaty of Montevideo in 1889 (Penal Law, article 12), x and with 
the principles generally acepted in these matters, the waters will 
be considered as territorial waters to a distance of 5 miles from 
the coast of the mainland and islands, from the visible outlying 
shoals, and the fixed marks which determine the limit of the 
banks not visible. With regard to bays, the distance of 5 miles 
will be measured along a straight line run across the bay at the 
point nearest its entrance. In addition to the bays or roadsteads 
established as such by law and custom, those places on the coast 
will be considered as such which possess their characteristic form 
and also have an opening of not more than 10 miles. For the other 
boundary waters the rule will be according to each case, the 
middle line, the thalweg (channel) or the common jurisdiction as 
determined by the various treaties and situations. 

Art. 3. The maximum number of ships of war (battleships, 
battle cruisers, armored cruisers, armed transports, or scouts) be- 
longing to one belligerent which may be at one time in a port or 
roadstead of the Republic will be four. 

Art. 4. The flotilla vessels (destroyers, torpedo boats, subma- 
rines, etc.) will be admitted in groups according to their normal 
organization. Their number, however, will be restricted to 12. 

Art. 5. Belligerent ships of war, with the exception of those 
on religious, philanthropic, or scientific missions, shall not be per- 
mitted to remain in the ports, roadsteads, territorial or jurisdic- 
tional waters for a period of more than 72 hours. Within this 
period shall be included all the time necessary for administrative 
formalities and intercourse with contractors prior to the final 
loading of fuel. 

Art. 6. If, after the receipts of the notification of the outbreak 
of hostilities by the Government of the Republic or after it has 
been universally known that a state of war exists, a belligerent 
warship is within any port, roadstead, or territorial or jurisdic- 
tional waters of Uruguay, it will be notified that it must depart 
within a period of 72 hours after receiving the notification. 

Art. 7. Belligerent vessels of war shall not prolong their stay 
in the ports or waters of the Republic longer than the designated 
time unless delayed by injury or by the condition of the sea, and 
must depart as soon as that cause has ceased to be operative. 

Art. 8. Vessels of war will not be permitted to take on more 
supplies and provisions than they would ordinarily demand in 
time of peace. With regard to the amount of fuel, they will be 
permitted to complete their usual supply of coal, unless conditions 
force a reduction of the allowance. 

Art. 9. Belligerent vessels will employ licensed pilots when it 
is necessary for them to enter or depart from a port or to navi- 
gate the territorial or jurisdictional waters. 

1 Martens, N. R. G., II, 18 : 435. 



108 Maritime Rules, Uruguay. 

Art. 10. Belligerent vessels of war will be obliged to observe all 
the sanitary, port, customs, and police regulations. 

Art. 11. Prizes of war, convoyed or not, will be permitted access 
to the ports and roadsteads when they are brought in to remain in 
sequestration awaiting decision by the prize court. In other cases 
the rules applicable to belligerent vessels of war will govern. 

Art. 12. Merchant vessels which are already within or enter the 
harbors, roadsteads, or territorial or jurisdictional waters during 
the state of war, and which belong to one of the belligerent na- 
tions, will be asked by the maritime authorities, immediately upon 
their entrance or after the rules concerning the state of war are 
in operation, as to the nature of the business which they propose 
to carry on in the ports and waters of the Republic. If they 
declare themselves to be a part of the reserve of the navy of their 
respective nations, and that they wish to enjoy the prerogatives of 
vessels of war, the rules hitherto set forth in articles 3, 4, 5, 6, 7, 
8, 9, and 10 will be applicable to them. If they declare that they 
are engaged solely in legal commercial operations, they will be 
required to limit themselves to these, and investigation will be 
made to see whether they have contraband on board or carry arti- 
cles which may be used to transform them in the port or on the 
high seas into privateers or vessels capable of military use. If the 
existence of such articles be proved, their disembarkation will be 
required (to remain in deposit until the condition of war has 
ceased), and in case of refusal the rules relating to vessels of war 
tvill be applied and departure will be required at the end of 24 
hours. 

Art. 13. All ships will be prohibited from using their radio ap- 
paratus while they are in the ports or waters of the Republic. 

Art. 14. The following articles are declared to be contraband 
of war according to the intent of the provisions of the first para- 
graph of article 141 of the Penal Code : All classes of arms, mili- 
tary apparatus, cannon, howitzers, machine guns, revolvers, 
bombs, torpedoes and other firearms, explosives, or inflammables ; 
side arms ; powder and fulminating substances ; military engineer- 
ing implements; helmets, cuirasses, harnesses, saddles and 
bridles; uniforms; vessels of war and their parts (turrets, armor 
plate, rams, etc.) ; all instruments and objects especially manu- 
factured for military purposes for use on land or sea ; naval 
munitions; wood for the construction of vessels and materials 
destined for the construction or the repair of vessels; and sub- 
stances and machines for the manufacture of munitions of war 
(nitrates and phosphates for fertilizing purposes are excepted 
according to the Declaration of London of 1909). 

Art. 15. The maritime authorities will see that the merchant 
vessels load no contraband of war nor articles capable of being 
used to convert vessels into privateers or of vessels adaptable to 
military purposes ; nor shall troops or crews be recruited in the 
ports or waters of the Republic. To this end the papers of the 



Rules as to Flag. 109 

vessels will be carefully examined, and in case they are not 
regular as to the cargo or the proposed business of the vessel, its 
departure will be requested within 24 hours without further oper- 
ations, unless it submit to the measures required by the authori- 
ties in order to guarantee the requirements of neutrality. 
! Art. 16. Infractions, aside from these measures of protection 
and sequestration of articles of contraband, will be submitted to 
judicial authority under the provisions and statutes of the Penal 
Code. 
Art. 17. Let it be communicated, inserted, and published. 

Batixe y Ordonez. 

Baltasar Brum. 

Juan Bernassa y Jerez. 

Decree forbidding the flying of the flag by vessels belonging to 
belligerent countries. August 18, 1914. 

[Registro Nacional, 1914, p. 409.] 

Ministry of Foreign Relations, 

Montevideo, August 18, 1914. 
In view of — 

1. The communication of the consul general in Brazil in refer- 
ence to the anxiety of a Brazilian concern which wishes to take 
the Uruguayan flag for a steamer which actually flies the flag 
of a belligerent power; 

2. The declaration of the London Naval Conference of February 
26, 1909, article 56, which says : " The transfer of an enemy 
vessel to a neutral flag, effected after the opening of hostilities, 
is void unless it is proved that such transfer was not made in 
order to evade the consequences which the enemy character of 
the vessel would involve." 

3. The difficulty, in the case in question, of establishing any 
ether object than that foreseen by the declaration cited, since it 
is not a question of a vessel acquired by a Uruguayan company 
or person and for the service of that concern and for the advan- 
tage of the country whose flag it wishes to take; 

The President of the Republic resolves and decrees: 
Article 1. In the circumstances in question, the permission to 
fly the flag as a Uruguayan vessel by a vessel which flies the 
flag of a belligerent country is not considered applicable. 
Art. 2. Let it be communicated, inserted, and published. 

Batlle y Ordonez. 
Baltasar Brum. 



110 Radio Rules, Uruguay. 

Prohibition in national ports, in territorial waters, and in the inte- 
rior of all radio communications with vessels of war or com- 
merce. August 31, 19Uf. 

[Registro Nacional, 1914, p. 435.] 

Ministry of Foreign Relations, 

Ministry of War and Navy, 
Montevideo, September 1, 191J h 

In view of: 

(1) The provisions of article 13 of the decree of August 7 of 
the present month, concerning the use of radio apparatus by ves- 
sels which are in the ports or waters of the Republic, and (2) 
articles 8 of the international telegraphic convention of St. 
Petersburg, 17 x of the radio conventions of Berlin and London, 2 
and 5 and 25 of convention xiii of The Hague, 1917 ; 

The President of the Republic decrees: 

Article 1. All radio communication from one ship to another, 
either of war or of commerce, is forbidden in ports, jurisdictional 
and territorial waters. 

Art. 2. Radio communication coming from ships or addressed 
to them ought to be clearly written and in the Spanish, French, 
English, German, Italian, or Portuguese languages. Abbrevia- 
tions and conventional addresses and signatures are also forbid- 
den in telegrams. Telegrams proceeding from Governments or 
legations can pass in a cipher or conventional language on con- 
dition that they carry clear proof of their origin. 

Art. 3. Radio stations will advise every war or merchant ves- 
sel which enters the territorial or jurisdictional waters that it is 
forbidden to make use of its apparatus except in case of danger, 
and in that case to direct its messages only to the coast stations. 

Art. 4. The stations which have noticed any communication be- 
tween vessels which are in the territorial or jurisdictional waters 
will give the notice provided by article 3 and will immedately 
bring the matter to the attention of the maritime authorities by 
transmitting the text of any communication which they may have 
received. 

Art. 5. Without prejudice to the penalties applicable for dis- 
obedience to the orders of the authorities, all vessels which, in the 
ports or waters of the Republic, shall violate the provisions of 
the present decree will be obliged to dismantle their telegraphic 
apparatus, and whenever this measure can not be applied they 
will be forbidden access to the ports. (Art. 9 of Hague conven- 
tion xiii, 1907.) 

Art. 6. The general inspection of radiotelegraphy is charged 
with the execution of the provisions of the present decree. 

Art. 7. Let it be communicated, inserted, and published. 

Batlle y Ordonez. 
Baltasar Brum. 
Juan Bernassa y Jerez. 

1 Martens, N. R. G., II, 3 : 614. 

2 Charles, Treaties, pp. 151, 185. 



Armed Me?* chant Vessels. Ill 

Addition to the decree of August 7, 1914, determining the duties of 
countries as neutral poicers in that which concerns merchant 
vessels armed for defense. September 8, 1914. 
[Registro Nacional, 1914, p. 442.] 

Ministry of Foreign Relations. 
Ministry of War and Navy. 
In view of 

1. The doubts which have arisen for the maritime authorities 
as to the meaning of the rules contained in articles 12 and 15 of 
the decree of August 7, 1914, concerning ships which, while declar- 
ing that they are engaged only in commercial operations, carry 
on board arms which might serve for hostile ends ; 

2. Article 8 of convention xiii of The Hague, which imposes 
the obligation upon neutral Governments to use all means at 
their disposal to prevent in their jurisdiction the arming of ves- 
sels for privateering or participating in any hostile operations 
against a power with which they are at peace and for preventing 
the departure of a vessel under those conditions; 

3. That it can and ought to be considered as compatible with 
the carrying out of legitimate commercial operations, that the 
vessels be armed for defense, if at the same time these vessels 
by other conditions of their equipment and their navigation, pre- 
sent sufficient guaranty of their true character. 

The President of the Republic decrees: 

Article 1. Vessels which arrive at the ports of the Republic 
carrying cargoes and passengers as in the normal course of navi- 
gation will be regarded as devoted to commerce even if they 
have arms on board. Each vessel will be required to make an 
express declaration in writing : 

(1) That it is engaged in commerce; 

( 2 ) That it will not be transformed into a privateer ; 

(3) That the arms which it has on board will be used only to 
defend the vessel in case of attack. 

Art. 2. If the authorities have doubts as to the destination of 
the arms or munitions which the vessel carries, as to their quan- 
tity, disposition, etc., they will proceed conformably to the pro- 
visions of the decree of August 7. 

Art. 3. A merchant vessel which does not carry passengers or 
cargo will be considered as having that character even if it car- 
ries arms, if the legation of the country to which it belongs makes 
a declaration in writing to the ministry of foreign relations 
equivalent to that suggested in article 1. 

Art. 4. The falsity of the declarations referred to in article 1 
will give occasion for the application of the provisions of article 
9 of convention xiii of The Hague and of that which results from 
it when the vessel is under the jurisdiction of the Republic. 

Art. 5. Let it be communicated, inserted, and published. 

Batlle y Ordonez. 
Baltasar Brum. 
Juan Bernassa y Jerez. 



112 Radio Rules, Uruguay. 

Addition to the decree of August 31, 1914, which prohibits in na- 
tional ports, territorial tvaters, and in the interior all radio com- 
munication with war or merchant vessels. September 29, 1914. 

[Registro Nacional, 1914, p. 485.] 

Ministry of War and Navy, 
Montevideo, September 29, 1914- 
Considering that it is necessary to amend the decree of August 
31, last, relative to radio communication in the ports and terri- 
torial and jurisdictional waters : 

The President of the Republic decrees: 

Article 1. Vessels which for any reason sojourn in the ports or 
roadsteads more than 72 hours should have their radio apparatus 
dismantled in such a manner that they can neither send nor 
receive communications. 

Art. 2. The general inspection of radiotelegraphy, in coopera- 
tion with the maritime authorities, will take the measures neces- 
sary for the execution of the present decree. 
Art. 3. Let it be communicated, inserted, and published. 

Batlle y Ordonez. 
Baltasar Brum. 
Juan Bernassa y Jerez. 

Regulation on the installation and use of radiotelegraphy on land 
and on vessels; national or foreign, in the ports or waters of the 
nation. October 20, 1914. 

[Registro Nacional, 1914, p. 507.] 

Ministry of Foreign Relations, 
Ministry of Industry, 
Mintstry of War and Navy, 

Montevideo, October 20, 19U h 
In view of 

1. The provisions of articles 1, 6, 8, and 21 of the convention of 
July 5, 1912, 1 on radiotelegraphy, and article 9 of the additional 
regulations referring to the obligations concerning the inter- 
national rules applicable to all stations ; to communication be- 
tween the authorities of stations established in each country ; to 
the means of preventing interference with the service of each of 
the stations by the others ; and to the necessity of an authoriza- 
tion for the operation of the stations, etc. 

2. Article 3 of convention v and article 25 of convention xiii 
of The Hague, 1907, and 

3. The decrees of August 31 and September 29, 1914, on the 
limitation of the use of radio apparatus ; 

The President of the Republic decrees: 

Article 1. No person or company can establish radio stations 
nor install nor operate radio apparatus on land or on national ves- 
sels without a permit from the Executive power. 



1 Chartes, Treaties, pp. 185. 



Radiotelegraph?/. 113 

Art. 2. No use can be made of apparatus installed on vessels 
lying in the ports or territorial or jurisdictional waters of the Re- 
public except in accord with the orders of the national authority. 

Art. 3. In making a request for authorization to install or 
operate radio stations or apparatus, a declaration must be made of 
(a) the class of apparatus, with specification of the power and 
source of energy; (b) the use to which it is to be put; (c) the 
place or vessel where it will be installed; (d) the name of the 
person or company, proprietor of the place or vessel and its 
nationality, the whole accompanied by documentary evidence; 
(e) a sketch of the interior and exterior of the installation, with 
description of measurements. 

Art. 4. The Executive power reserves to itself the right to or 
not to authorize the operation of the station or apparatus, as 
well as that of demanding any information or supplementary 
document in order to determine in each case the possibility of the 

authorization. 

■ 

Art. 5. Under the name of radiotelegraph is included all classes 
of apparatus of the Marconi, Telefunken, Rochefort, and other 
systems for the transmission of communications without metal 
wires or cables, telegraphic apparatus employed for the same use, 
and all equivalent mechanisms or means, such as optical appara- 
tus, lights, tiags, etc. 

Art. 6. The requests for all matters relative to this decree will 
be presented to the ministry of war and navy. 

Art. 7. All persons or companies who have radio stations or 
apparatus on land, or on national or foreign vessels at anchor 
to remain more than three days in the ports or waters of the 
Republic, ought to communicate before 10 hours with the ministry 
of war and navy, 'conformably to the provisions of article 3. 

Art. 8. After the delay provided in article 7, all stations and 
installations made in contravention of the provisions in force 
will be dismantled and rendered unusable. 

Art. 9. The maritime authorities, the national telegraph, and 
the electrical works of Montevideo will give to the national inspec- 
tion of radiotelegraphy the cooperation necessary to prove the 
existence of radio stations or installations, and for an exact appli- 
cation of the provisions of the present decree. The same coopera- 
tion will be solicited of private telegraph and telephone companies. 

Art. 10. Infraction of the provisions of the present decree will 
be punished by the penalties provided in section ix of book ii, title 
iii, of the penal code without prejudice to the right of dismantling 
all apparatus and installations or the measures indicated by the 
decrees of August 31 and September 29, 1914. 

Art. 11. Let it be communicated, inserted, and published. 

Batixe y Ordonez. 
Baltasar Brum. 
Jose Ramasso. 
Juan Bern ass a y Jerez. 

79596—17 8 



114 Contraband Rules, Uruguay. 

Determination of the products and articles which the Republic 
does not consider contraband of tear and the risk of which will 
be a.t the account of those interested. October 20, 19Uf. 

[Registro Nacional, 1914, p. 509.] 

Ministry of Foreign Relations, 
Ministry of Industry, 

Montevideo, October 20, 1914. 
In view of 

1. Article 18 of Convention v of The Hague, 1907, which refers 
to the supplying of belligerents ; 

2. Articles 22, 23, 24, 28, 29 (chapter ii) of the Declaration of 
London of 1909 on the classification of contraband of war and 
the exceptions ; and the provisions of the same chapter ii and of 
chapter iii on the confiscation of goods and ships and unneutral 
service ; 

3. Article 14 of the decree of August 7, 1914, which contains 
the declaration of contraband of war ; and article 141, paragraph 
1, of the penal code ; 

4. That it is possible to authorize commerce with the belliger- 
ents in articles which the legislature of the Republic does not 
consider contraband of war even if they are among those which 
the Declaration of London considers absolute or conditional con- 
traband ; 

5. That the commerce to which the preceding sentence refers 
ought to be carried on in all cases at the account of and at the 
risk of the merchants, contractors, and purchasers, thus exclud- 
ing all responsibility of the State in case of confiscation. 

The President of the Republic decrees: 

Article 1. The sale is declared legal of supplies of forage and 
grain suitable for the feeding of animals, of garments, textiles, 
and footwear, of tanned hides, of horses and mules, of herds of 
cattle, sheep, and hogs on foot, even if they have been purchased 
for the armies at war. 

Art. 2. According to articles 28 and 29 of the Declaration of 
London, the following articles are not considered contraband of 
war: Wool and raw material of the textile industry as well as 
yarns, oil seeds, rawhides, and horns; manures for agricultural 
purposes; minerals, earths, clays, lime, chalk, stone, marble, bricks, 
tiles; soaps, paints, colors, and materials used in their manufac- 
ture, and varnishes ; paper and material prepared for its manu- 
facture ; feathers of all kinds, hairs, and bristles ; articles of 
household furniture and decorations ; office furniture and acces- 
sories ; articles and materials serving exclusively for the care of 
the sick and wounded (subject, however, to the right of requisi- 
tion on payment of value in case they are destined to the terri- 
tory of an enemy or territory occupied by him or by his forces) ; 
articles and materials intended for the use of the vessel in which 



Rules as to War Vessels. 115 

they are found as well as those for the use of her crew and 
passengers during the voyage. 

Art. 3. The charterer should take account of the risk accord- 
ing to the provisions of chapters ii and iii of the Declaration of 
London, and especially of the fact that the neutral vessel is con- 
sidered subject to confiscation when it is loaded in whole by a 
belligerent Government. 

Art. 4. In case of confiscation of cargoes or vessels coming 
from the Republic, as in other risks and conflicts which may be 
presented to the shippers and consignors, they will be considered 
according to the rules of the relevant legislation in force before 
the departure of the vessel from the Uruguayan port, and in this 
case, when once the voyage has begun, residence excludes all 
intervention of a diplomatic character by Uruguay. 

Art. 5. Let it be communicated, inserted, and published. 

Batlle y Ordonez. 
Baltasar Brum. 
Jose Ramasso. 

New maritime rules to be observed in reference to belligerent 
vessels of war. December 14, 1914- 1 

[Registro Nacional, 1914; 582.] 

Ministry of Foreign Relations, 
Ministry of War and Navy, 

Montevideo, December 14, 1914. 
In vieio of 

1. Articles 12 and 15 of the decree of August 7, 1914, and the 
decree of September 8, 1914, which refer to merchant vessels and 
to the conditions and formalities for recognizing this character, 
to the effects of sojourn in the ports of the Republic to take on 
supplies, etc. ; 

2. The opportunity of completing and defining the rules which 
serve to determine with entire impartiality the character of ves- 
sels and the observance of the principles and the rules of neu- 
trality ; 

3. The authoritative precedents in the rules issued by the 
United States of America and other American countries ; 

4. The situation of the ports of the Republic in reference to 
the great lines of navigation, their situation as furnishers on a 
great scale of coal and general supplies for the marine, the dis- 
tances to the ports of neighboring countries frequently entered, 
and other peculiar circumstances ; 

The President of the Republic decrees: 

Article 1. With the object of preventing the ports of the Re- 
public from being used as bases of operations for belligerent war- 
ships the following rules will be observed : 

1 Similar to United States regulation, September 39, 1914. See p. 91. 



116 Rules as to Base of Operations. 

(a) It is presumed that a base of operations may exist when- 
ever fuel and supplies for vessels are laden in a port more than 
once in a period of three months since the commencement of the 
war or during it, either directly or by the intermediary of aux- 
iliary vessels attached to the belligerent fleet or by the means 
of merchant vessels of belligerent or neutral nationality which act 
as auxiliaries. 

(?)) The simple rumor that a vessel laden with fuel or naval 
supplies with the intention of delivering its cargo to a belligerent 
warship on the high seas, when it does not rest on direct or indi- 
rect evidence, does not impose on the neutral authorities the duty 
of detaining the merchant vessel with the object of making an 
inquiry, unless it is known that this vessel has previously trans- 
ported provisions for a belligerent warship. 

(c) When there is indirect evidence which confirms the rumor 
or the suspicion that the merchant vessel has the intention of sup- 
plying a belligerent warship with fuel or other supplies on the 
high seas, the suspected vessel will be detained until its intention 
can be proved. This procedure ought to be followed especially 
when it is known or a strong suspicion exists that a belligerent 
warship is at sea just outside of the port where the merchant 
vessel takes a cargo which might be used for naval supplies ; 
when the merchant vessel is of the nationality of the belligerent 
to which the warship belongs, the presence of which on the coast 
is well known ; when a merchant vessel which, in its preceding 
voyage between a Uruguayan port and a neutral port, has reached 
its port of destination without having on board the cargo of 
naval supplies taken in the port of departure and desires to take 
v. similar cargo ; when agents of a belligerent Government pur- 
chase the fuel or other provisions and they are loaded on a mer- 
chant vessel which does not clear for a port of a belligerent coun- 
try but for a neighboring neutral port ; and when agents of a 
belligerent Government take passage on board a merchant vessel 
which carries a cargo of fuel or other provisions and which is 
cleared for a neighboring neutral port. 

(d) When a merchant vessel laden with fuel or other naval 
supplies wishes to depart under circumstances giving grounds 
for strong suspicion that it intends to carry the fuel or supplies 
to a belligerent warship, it will not be detained for that fact 
alone if the case is isolated and if neither the merchant vessel 
nor the warship to which the supplies are supposed to be destined 
have previously loaded similar supplies since the beginning of the 
war or within the period of three months. 

(e) For judging whether a belligerent wishes to convert neu* 
tral territory into a base of naval operations, it is necessary to 
take account as an essential idea of the repeated departure from 
the territory of an auxiliary vessel of a belligerent fleet, or of a 
merchant vessel in the service of- a belligerent, laden with fuel 
or other naval supplies. 



Sojourn of Vessels. 117 

(/) It is not necessary to detain or forbid the loading of a mer- 
chant vessel which, having previously taken a cargo of naval 
supplies in a port of the Republic or a neutral port, has carried 
them to its destination even when it is a question of an identical 
cargo and, indeed, when the neutral port of destination might 
« serve as a base of belligerent operations. 

{y) The duty of forbidding an act contrary to neutrality is 
incumbent exclusively on the neutral country whose territory is 
used as a base ; and even if the supplies are transported directly 
to a naval base established on the territory of a belligerent or on 
territory under belligerent authority, the Uruguayan authorities 
are not obliged by any duty of neutrality to limit their cargoes 
or to detain the vessels or to forbid the trade in any other 
manner. 

Art. 2. Merchant vessels flying the flag of a belligerent country, 
which are in the ports of the Republic from being compelled to 
interrupt their voyage because of the state of war, or which 
arrive at these ports in order to adjust themselves to the state 
of war, can not depart even if there exists no ground for suspect- 
ing that they have the intention of violating neutrality (as pre- 
scribed by art. 1) without a declaration of the consular repre- 
sentative of the country in question indicating the ports of call 
and the port of destination and certifying that the voyage has a 
purely commercial object. 

Art. 3. Whenever a merchant vessel has left or leaves a port of 
the Republic and it is proved that it has not followed the itinerary 
declared by the consul, it can not carry on operations in any port 
and it can enter only to remain at the place the authorities assign 
to it until the end of the war, without prejudice to measures re- 
lating to the false declaration of the consul or to the fault of the 
owner or the captain. 

Art. 4. To prevent the clandestine departure of merchant ves- 
sels in port the authorities will observe the following provi- 
sions : 

(a) Not to permit vessels to begin loading supplies before 
making the declarations and guaranties provided in article 2. 

(&) To require them to discharge all fuel and provisions which 
are not strictly necessary for the requirements of their sojourn 
in port. 

(c) To assign them an anchorage which permits the best sur- 
veillance. 

(d) To take all other measures of precaution (such as prevent- 
ing the operation of machinery) without prejudice to the security 
and the good conservation of the vessel. 

Art. 5. The provisions of the present decree will apply to mer- 
chant vessels which are in the ports of the Republic at the date 
of the decree and to those which arrive up to the end of the war. 
Art. 6. Let it be communicated, inserted, and published. 

Batlle y Ordonez. 
Baltasar Brum. 
Juan Bern ass a y Jerez. 



118 Rules as to Supplies, Uruguay. 

Regulations illative to the supply of coal which belligerent vessels 
of war can take in the ports of the Republic. December 15, 191^. 

1 LRegistro Nacional, 1914, p. 585.] 

Ministry or Foreign Relations, 
Ministry of War and Navy. 

Montevideo, December 15, 191Jf. 
In view of 

1. Articles 5 and 19 of convention xiii of The Hague, 1907 ; 

2. The proposal of the Government of the Republic of Chile 1 
relative to the adoption of certain rules proper to better guarantee 
neutrality, a proposal which merits the approval of this govern- 
ment and which it has taken into account in another decree of the 
present date ; 

The President of the Republic decrees: 

Article 1. Belligerent vessels of war can supply themselves in 
the ports of the Republic with coal only to the extent necessary to 
gain the first coaling station of a state near to Uruguay. 

Art. 2. The authorities will take into account in determining 
the maximum cargo of fuel the normal consumption of the vessel 
in reference to its speed and to the distance to the nearest port 
toward which it is bound. 

Art. 3. Paragraph 2 of article 8 of the decree of August 7, 
1914, is modified by the present decree. 

Art. 4. Let it be communicated, inserted, and published. 

Batlle y Ordonez. 
Baltasar Brum. 
Juan Bern ass a y Jerez. 

Limitation of the time of sojourn of belligerent vessels of war in 
the ports, roadsteads, or ivaters of the national jurisdiction. 
December 15, 1914. 

[Registro Nacional, 1914, p. 585.] 

Ministry or Foreign Relations, 
Ministry of War and Navy. 

Montevideo, December 15, 191.'f. 
In view of 

1. Article 12 of convention xiii of The Hague, 1907, concerning 
the time of sojourn of belligerent warships in neutral ports, road- 
steads, or waters, and article 5 and others of the decree of August 
7, 1914, which considers the time of sojourn; 

2. The opportunity of putting the provisions in force in the 
Republic in harmony with those of other countries, in particular 
the American countries, which have limited to 24 hours the nor- 
mal time of sojourn of these vessels; 



1 See decree of Chile, December 15, 1914, p. 22. 



Neutrality Declaration, Venezuela. 119 

The President of the Republic decrees: 

Article 1. The time of sojourn in the ports, roadsteads, and 
waters of the Republic of belligerent vessels of war is limited to 
24 hours except in the cases and exceptions provided by conven- 
tion xiii of The Hague and by articles 5, 7, and 12 of the decree 
of August 7 conforming to the provisions of that convention. 
Art. 2. Let it be communicated, inserted, and published. 

Batlle y Ordonez. 
Baltasar Brum. 
Juan Bernassa y Jerez. 

VENEZUELA. 1 

Declaration of neutrality, August 8, 1914. 

Ministry for Foreign Relations, 
Section of External Public Law, 

No. 1,475. Caracas, August 8, 191 //. 

Citizen Minister of Finance : 

As there exists at present a state of war between several 
nations of Europe with which Venezuela maintains relations of 
friendship, and the Government of the Republic being desirous 
to sustain its neutrality in this conflict, deems necessary to make 
known the rights which, in accordance with the principles and 
practices of international law and with the obligations of diplo- 
matic treaties, the Republic is called to observe. 

To this effect I have the honor to accompany with this note the 
instructions which in consequence with those principles, with the 
resolutions of the second peace conference of The Hague of 
3907, and with the rules adopted by Venezuela in regard to the 
pirates of the belligerents, the collectors of customs of the Repub- 
lic can follow in the cases which may occur, so as to make effec- 
tive the neutrality which the national government is decidedly 
disposed to observe in the actual war. 

In any case not foreseen in these instructions, the customs 
officials shall proceed immediately to communicate to this depart- 
ment, through the respective channel, the necessary information 
to elucidate the character of the case and to the effect of its 
decision by the national government. 

According to the informations which have been obtained up 
to date confidentially the belligerent nations are : On the one side, 
Germany and Austria; and on the other, Russia, France, Great 
Britain, Servia, and Belgium. 

Dios y Federacion. 

Manuel Diaz Rodriguez. 

1 Unless otherwise indicated, the Venezuelan documents are transcripts 
of the English translations in Estados Unidos de Venezuela, Boletin del 
Minestero de Relaciones Exteriores 1914, p. 137 et seq. The Spanish text 
may also be found in El Libro Amarillo de los Estados Unidos de Vene- 
zuela, Ministro de Relaciones Exteriores, 1915, vol. 2, p. 21 et seq. 



120 Instructions to Collectors, Venezuela. 

Instructions to the collectors of customs of the Republic relating 
to the neutrality of Venezuela in the present European war, 
August 8, 19JJ,. 

Permit that the warships of the belligerents make use of the 
pilots officially appointed. 

Prevent that warships of the belligerents remain in the port or 
anchorage or in the waters of your jurisdiction for more than 
24 hours, except in the cases foreseen in these instructions. 

The permanency of a warship of a belligerent in a neutral port 
can only be prolonged more than the duration aforesaid in case 
of damage or on account of the state of the sea. 

It must be forced to depart from the time the cause of the 
delay has ceased. 

The rules on the duration of the permanency in the port, har- 
bor, or neutral waters do not apply to ships of war exclusively 
destined to religious, scientific, or philanthropic missions. 

Not to permit that there be anchored in the port, harbor, or 
.territorial waters more than three ships of war of a belligerent. 

When ships of war of the belligerent parties are found simulta- 
neously in the port or harbor, at least 24 hours must elapse within 
the departure of .the ship of a belligerent and the departure of 
the ship of the other. 

The order of the departures must be determined by that of 
the arrivals, unless the ship that first arrived be in the case 
that the prolongation be admitted beyond the legal duration of 
the permanency. 

A ship of war of a belligerent shall not leave the port or harbor 
but 24 hours after the departure of a ship of commerce carrying 
the flag of its opponent. 

Not to permit that the ships of war of belligerents be able 
to repair their damages in the port or harbor but in the strict 
measure for the security of their navigation, nor to augment in 
any manner whatsoever their military force. Inform the Ex- 
ecutive immediately of the repairs to be effected. 

Not to permit that the ships of war of belligerents be able to 
use the port, harbor, or territorial waters to increase or augment 
their military provisions or munitions, as also to complete their 
crew. Inform the Executive immediately of such pretension. 

Not to permit that the ships of war of belligerents be able 
to provide themselves with provisions, but to complete their nor- 
mal provisions as in time of peace. 

Shall neither permit that such ships take coal but for the ar- 
rival to the nearest port of a neutral country. 

If the ship can not take coal but 24 hours after its arrival it 
shall be permitted the permanency of 24 hours beyond the legal 
duration. 



Enforcement of Neutrality. 121 

Not to permit that ships of war of the belligerents be able 
to renew their provisions of coal but after three months from 
the time at which it took coal in that same port or in any other 
of the Republic. 

Not to permit that any spoils be taken to the port but on 
account of innavigability, of the state of the sea, of want of 
combustibles, or of provisions. Must inform the Executive im- 
mediately to that effect, together with all the necessary informa- 
tion. 

Advise the Executive immediately if a ship of war of a bel- 
ligerent refuses to leave the port where it has no right to remain. 

In reference to foreign privateers: 

The arming, equipping, and recruiting of crews for privateers 
will not be permitted in the ports of the Republic. 

Privateers and vessels of war, with the prizes which they have 
made, will not be permitted to enter the ports. 

Asylum will not be given to privateers, except when in case of 
damages or lack of provisions they are obliged to take refuge in 
the ports of the Republic. 

But in the first case, sojourn can not be permitted for more 
than the time strictly necessary for the repair of the damage; 
in the second case they should not remain in port more than 24 
hours, nor purchase a greater quantity of provisions than is neces- 
sary to reach the nearest port of another neutral country. 

In any case, the sale or exchange of the prizes either in whole 
or in part will not be permitted in the ports of Venezuela under 
any pretext. 

If vessels of war, without prizes, or privateers in the circum- 
stances described, enter any port of the Republic, they can not 
put to sea until all other vessels which have previously weighed 
anchor shall have disappeared from the horizon. 

Instructions relating to neutrality enforcement, August 9, 1914. 

Ministry of Finance, 
Director of Administration, 
No. 1032. Caracas, August 9, 1914. 

Citizen Minister of Foreign Relations : 

In reply to your attentive note of to-day, No. 1475, D. P. E., 
together with which you please accompany the memorandum con- 
taining the instructions for the collectors of customs relating to 
the neutrality of Venezuela in the present European war, I have 
the honor to inform you that this department has with this same 
date addressed said collectors, in order that, when the case 
arises, they may comply with the referred-to instructions. 
Dios y Federacion. 

Roman Cardenas. 



122 Instructions as to Enlistment, Venezuela. 

Instructions relating to the enlistment of individuals and the 
setting on foot of military expeditions, August 12, Z91J/. 

Ministry for Foreign Relations, 

Section of External Public Law, 

Caracas, August 12, 19Vf. 

No. 1512. 
Citizen Minister of the Interior: 

I have the honor to address you, in accordance with the infor- 
mation sent to the ministry under your worthy charge with refer- 
ence to the actual European conflict, to call your attention as to 
the obligations under which the authorities are to prevent in the 
national territory the enlistment or uprisings of individuals for 
forming corps to take part in favor of any of the belligerent 
countries, as well as also to prevent that the offers made by citi- 
zens of the Republic be carried to effect to lend services in the 
war to any of such belligerents through their respective legations 
in Venezuela. 

These obligations derive from the principles that can be ap- 
plied to countries that are neutral in regard to the complete im- 
partiality in their relations with the belligerents and with the 
forbearance of all acts having the character of favor or succor 
to one with prejudice to the other. 

As it is disposed that the National Government shall sustain 
its neutrality in said conflict, I pray you to take note of what I 
have stated for the dispositions you deem convenient enact on 
the matter. 

Dios y Federacion. 

Manuel Diaz Rodriguez. 

Instructions relating to the enlistment of individuals and the 
setting on foot of military expeditions, August 19, 191J{. 

Ministry of the Interior, 

Political Section, 

No. 93. Caracas, August 19, 191^. 

Citizen Minister of Foreign Relations : 

In reply to the communication of that department, dated 12th 
instant, and marked with No. 1512, D. P. E., with reference to 
the obligation under which the authorities are to prevent the 
enlistment or uprisings of individuals in the national territory 
for the formation of corps to take part in favor or against any 
of the belligerent countries on account of the actual European 
conflict, as well as to prevent that the offers made by citizens of 
the Republic to lend services in the war, I have the honor to 
inform you that this department has already addressed the re- 
spective authorities to the ends expressed in your mentioned 
communication. 

Dios y Federacion. 

C. Zumeta. 



Instructions to Diplomats. 123 

Instructions to diplomatic officers relating to neutrality, August 

22, 1914. 

Ministry for Foreign Relations, 

Section of External Law, 
No. 1576. Caracas, August 22, 1914. 

Sir : It has been decided by the Government of Venezuela that it 
shall sustain the strictest neutrality in the European war, so you 
shall please notify all Venezuelan citizens residing in that juris- 
diction, by direct communication or through the consuls of your 
dependence, of the duties they must observe by reason of the neu- 
trality, cautioning them that, in the case of infringing them, they 
shall not be able to embrace the advantages of the Venezuelan 
neutrality nor the aid of our diplomatic and consular agents. 
I am, very truly, yours, 

Manuel Diaz Rodriguez. 

Instructions relating to radiotelegraph}/, August 24, 1914- 

Ministry for Foreign Relations, 
Section of External Public Law, 

No. 1585. Caracas, August 24, 1914. 

Citizen Minister of Finance: 

The envoy extraordinary and minister plenipotentiary of Great 
Britain, in the name of his Government, has called attention of 
this chancery as to the possibility that the use of wireless teleg- 
raphy by merchant vessels of nations in war, in the territorial 
waters of a neutral country, may lead to violation of the neu- 
trality, and has expressed the desire that the Government of 
Venezuela give immediate instructions to dismantle all the wire- 
less telegraphy apparatus installed on such ships in our terri- 
torial waters. 1 

This chancery has replied to Mr. Minister that the rules of 
conduct which he alleges in support of his petition have not as yet 
obtained the unanimous consent of the powers, nor have they been 
embodied in the conventions actually in force. Notwithstanding 
the reason stated, the Federal Executive, prompted by the purport 
that the territory of Venezuela may not serve as a base for com- 
munications which favor the acts of war of any belligerent, has 
decided to prohibit the use of wireless telegraphy on board mer- 
chant vessels of the nations in war while lying in the ports of the 
Republic. 

And I have the honor to communicate it to you, so that you 
may please add to the instructions given as a guide to the collec- 

1 In a note of Mr. Harford, British minister to Venezuela, September 
18, 1914 (Rev. Gen., Doc. 22:205), it is stated that all important mari- 
time nations, including the United States, Brazil, Chile, Peru, Uruguay, 
Sweden and Norway, have taken measures to dismantle radio apparatus 
in belligerent merchant vessels in port. After some correspondence, Vene- 
zuela followed this practice, as the instructions show. 



124 Radio Instructions, Venezuela. 

tors of customs, contained in note No. 1475, D. P. E., of this 
ministry, that of exercising, by means of the respective employees, 
the greatest vigilance in order that the referred-to regulation be 
not infringed. 

Dios y Federacion. 

Manuel Diaz Rodriguez. 

Instructions relating to radiotelegraphy, August 24, 191%. 

Ministry for Foreign Relations, 
Section of External Public Law, 
. No. 1586. Caracas, August 24, 1914. 

Citizen Minister of War and Marine: 

In addition to the previous notes of this department relating 
to the neutrality of the Republic in the present European con- 
flict I have the honor to remit to you a copy of the note which, 
on this same date, I have addressed to the citizen minister of 
finance as to the prohibition of using wireless telegraphy appa- 
ratus on board merchant vessels of the nations in war while lying 
in Venezuelan ports. 
Dios y Federacion. 

Manuel Diaz Rodriguez. 

Instructions relating to radiotelegraphy, August 26, 1914. 

Ministry of War and Marine, 

Direction of Marine, 
No. 462. Caracas, August 26, 1914. 

Citizen Minister of Foreign Relations : 

I have the honor to advise the receipt of your note, dated 24th 
instant, No. 1586, inclosing copy of note which on that same date 
you addressed to the citizen minister of finance, relating to the 
neutrality of the Republic in the present European conflict, as to 
the prohibition of the use of wireless telegraphy apparatus on 
board merchant vessels of the nations in war, while lying in 
Venezuelan ports, of which this department has taken due note 
for the effects thereof. 
Dios y Federacion. 

M. V. Castro Zavala. 

. Instructions relating to radiotelegraphy, August 26, 1914. 

Ministry of the Interior, 

Political Direction, 
No. 104. Caracas, August 26, 1914. 

Citizen Minister of Foreign Relations : 

I have the honor to advise the receipt of your official communi- 
cation of 4th instant marked with No. 1586, inclosed with whicli 
you remit copy of the note which on that same date the depart- 
ment under your worthy charge has addressed to the minister of 



Rights of Neutral Countries^ Venezuela. 125 

finance, as to the prohibition of using wireless telegraphy appa- 
ratus on board merchant vessels of the nations in war while lying 
in Venezuelan ports. 
Dios y Federacion. 

C. ZUMETA. 

Instructions relating to radiotelegraphy, August 26, 1914- 

Ministry of Finance, 
General Direction of Administration, 

No. 1084. Caracas, August 26, 1914. 

Citizen Minister of Foreign Relations : 

I have the honor to refer to your attentive note No. 1585, 
D. P. E., dated 24th instant, relating to the instructions which 
this department is to communicate to the collectors of customs 
with the object that the latter may make observed the neutrality 
of Venezuela in the actual European conflict, by not permitting 
the use of wireless telegraphy on board merchant vessels of the 
nations in war, while lying in the ports of the Republic, and it 
pleases me to inform you that the above-mentioned instructions 
have already been transmitted to the collectors of customs for 
the effects of their strict observance. 

Dios y Federacion. 

Roman Cardenas. 

Memorandum of the Minister of Foreign Affairs of the United 
States of Venezuela on the rights of neutral countries. Octo- 
ber, 1914. 

[El Libra Amarillo de los Estados Unidos de Venezuela, Ministro de 
Relaciones Exteriores, 1915, vol. 2, p. 45.] 

In time of war the duties of neutrality must be constantly in- 
voked. Neutral countries themselves, in order to justify any 
measure protested against or objected to by one of the belligerents, 
rely upon the duties which their status of neutral countries im- 
poses upon them. But at basis there are not only duties to ful- 
fill; there are also rights which they can demand. As with all 
juridical situations, neutrality gives rise to correlative rights and 
duties. The modern international publicists, among them notably 
Richard Kleen, have expounded the doctrine on this point with a 
clarity which permits of foreseeing and defining the most distant 
consequences. In the light of pure theory it seems, then, that 
the rights of neutral countries, being as sacred as those of bellig- 
erents, ought to be preserved in all their integrity. It is cus- 
tomarily admitted that neutral countries, although obliged by the 
fact of the international community not to restrain the liberty of 
the belligerent nations in their military operations, ought to suffer 
no diminution of their rights, only certain temporary modifications 
in the exercise of their rights. This concept, by its elasticity, does 



126 Belligerent Versus Neutral Rights, Venezuela. 

not seem adapted to a criterion of strict justice. No more does it 
seem applicable to numerous cases in which neutral countries 
suffer not only a temporary modification in the exercise of their 
rights but, indeed, an evident violation, more or less grave, of the 
rights themselves. Consequently, two tendencies before the war 
struggled for preponderance in the practice of nations ; on the 
one hand, the contention that the rights of war should be favored, 
that the interest of the belligerent has the advantage; on the 
other, the hope to ameliorate and to extend the rights of neutral 
countries without neglecting the legitimate rights of war, a hope 
which has been strengthened as international law has progressed 
and the aim of which is to arrive at a reasonable equilibrium of 
interests rather more in accord with justice. The reality of these 
two tendencies, as the justice of the balance requires, is proved 
by the history of any one of the great nations, which have repre- 
sented alternately the two aspirations, according to the interest 
of the moment, that is to say, whether they were belligerent or 
neutral. 

An impartial examination of the question in time of peace, 
when no circumstantial interest troubles the serenity of judgment, 
leads us to this conclusion, that in the conflict of the rights of 
the belligerent nations and of those of the neutral country, al- 
though both are equally worthy of respect, nevertheless, those of 
the second have in their favor, as a claim to preference, some 
reasons which surpass those of the belligerent nation. By unani- 
mous conviction peace is the regular and logical state of the inter- 
national society. War is a disturbance often necessary, some- 
times inevitable, but always a scourge, which the belligerent 
nations are the first to suffer and to deplore, and for which they 
attempt to disclaim responsibility. When the state of war arises 
the belligerent nations, although they may be influenced by neces- 
sities and circumstances for which they can not be responsible, 
present and maintain, nevertheless, an alteration in the normal 
state of international affairs. The neutral countries, on the con- 
trary, continue the regular and harmonious life of peace, and this 
circumstance ought not rashly to diminish their rights nor render 
them inferior or of less consideration. Against a reason so clear 
the belligerent nation can argue that it is defending the most 
sacred right, that of its own existence and liberty. However 
high it is, and it is a fundamental right, it is nevertheless certain 
that it is limited by the doctrine and the practice of nations. The 
prohibition against using certain cruel and excessive means of 
hostility against the enemy is a manifest restriction of this right 
of self-preservaton. It therefore follows that theory and prac- 
tice will not look unfavorably upon new limitations of the right 
of belligerents in order to guarantee the right of neutral coun- 
tries. The circumstances in which modern war manifests itself 
do not cease to demand, in a more and more urgent manner, such 
limitations. Without doubt, one can speak of temporary modifica- 
tions in the exercise of the rights of neutral countries, as during 



Review of Conditions. 127 

the wars of antiquity, when international life was scarcely ush- 
ered in and was of very little strength, and this case may well be 
that of neutral countries to-day, when war is localized in a well- 
defined region or is limited and circumscribed in a precise man- 
ner to two nations only, excepting the cases, I may say, where 
these by their position or by their importance would be comprised 
among those who are inevitably involved in the universal activity. 
But this expression ought under no circumstances to be accepted 
when it is a question of conflicts such as that which fills our days 
and holds the entire world in suspense, and in which several na- 
tions, among the richest and most civilized, are engaged, and 
that in an era of close international life, in which internationali- 
zation of all interests becomes each day more intimate, more com- 
plex, more inextricable, to such a point that the losses inflicted 
on a single nation react to a sensible extent immediately and 
surely even upon the most distant countries. 

No proof can be more evident than that of the general lack of 
balance which at the very beginning of the present conflict sur- 
prised and disturbed the very bases of internationalism, which 
are par excellence commercial relations, economic activity, credit 
operations, the circulation of gold and everything which involves 
world wealth. The simple fact of the declaration of war, pro- 
duced, not only an inevitable economic disadvantage for the 
belligerent nations and their subjects, but a similar disadvantage 
for neutral nations and their inhabitants, and not alone from the 
point of view of their interests, connected with the territory and 
population of belligerent nations, but also in reference to their 
most vital interest and in their own territory. 

For this reason, the action of the belligerent, whether it de- 
clares or accepts war, is felt directly on the territory of neutral 
countries as well as on its own. 

At the same time, it is true that care has been taken in time of 
peace to modify the law of war, with a view to the interests which 
may be injured. But the very fact of military methods evolved 
with such rapidity, that the development of the law which re- 
lates to them follows very slowly, and with an inevitable delay, 
makes these the more audacious attempts. The theory of neutral 
commerce in time of war offers a striking example of this and 
one of the highest importance. Theory approves, as being legal, 
the right of neutral countries to carry on commerce with the 
belligerent nations with one exception at first view just and 
necessary — contraband of war. Such is the law. The actual fact 
is otherwise and tends to invalidate the right. The means of 
making war are multiplied to such a point that military art 
levies contributions from the most diverse industries. At the 
hour of conflict, the entire industrial organism of a state may 
cooperate to the single end of the common defense. War utilizes 
the most varied products, the most unlike raw materials. This 
is why, by the simple fact of the development of the mechanism 
of war, the list of articles which are or can be considered contra- 



128 Belligerent Versus Neutral Rights, Venezuela. 

band of war, tends to increase and to undergo an unlimited ex- 
tension. The times are already far distant when common powder 
and the materials of which it is composed, lead and some other 
metals were the only materials which were regarded as suspicious. 
To-day one is astonished at the number of articles which in 
earlier wars it was never suspected could ultimately be included 
in contraband of war. Unfortunately, in proportion as the list 
increased, the number of materials of very wide applicability also 
increased. This explains why the prohibition affects, not only the 
war industries, but also, and very gravely, pacific industries. The 
right of neutral countries freely to carry on commerce with the 
belligerent nations is in danger of complete destruction. Such 
facts, the result of the more and more intimate internationaliza- 
tion of interests, which has gradually given rise to concepts as 
rigid as that of sovereignty, lead to the belief that, although 
sovereignty and integrity of neutral countries continues in a per- 
fect state in reference to persons, yet this can not be said for that 
which concerns their interests, even the most vital and the most 
profound. 

It follows that although neutrality has never signified an atti- 
tude of indifference, to-day less than ever, can it have this signifi- 
cation. The universal economic losses, probably resulting from 
the actual war of Europe, if the duration is to be, as there is rea- 
son to fear, indefinite, can not be a matter of indifference to neu- 
tral nations. The losses will be the same for all, although it may 
seem for the moment that some countries can separate themselves 
from the war. 

At the same time, as the war at present assumes immense pro- 
portions and affects several of the greatest civilized nations of the 
world, as well as the most considerable economic interests, the 
precious fruits of civilization, which are not the exclusive patri- 
mony of such and such a people but the common wealth of all, are 
endangered. The conclusion is then inevitable, that over against 
the right exercised by belligerents, there is the right of neutral 
countries to cooperate and to organize, by substituting for their 
former passivity and in virtue of the new solidarity with which 
their violated interests temporarily unite them, action for their 
security, effective, and beneficient. 

The application of this right does not lack precedents. His- 
tory records several cases of leagues of neutral countries for the 
defense of the freedom of commerce and navigation as, for 
example, that of Sweden and Denmark in 1G93 and that even 
more important, which owed its origin to the manifesto of Cathe- 
rine of Russia in 1780. Though the principle in the first place, 
should appear not debatable, its bearing and its met bed of opera- 
tion involve a very long discussion. The project would require 
a congress of neutral countries which would revise, as the pres- 
ent situation necessitates, the rights and duties of neutrality, in 
order to make clear the innovations introduced by modern war. 
The fact that the right of the belligerent is above that of the 



Proposed Congress of Neutral Nations, 129 

neutral country, being already regarded as inacceptable because 
contrary to equity and justice, the congress could present a new 
duty, that of the union of all neutral countries in face of con- 
flicts of the magnitude of the present from which injuries so 
direct and so grave are suffered, in order to organize for the 
protection of their own interests, a duty of which the logical 
consequence would be a new law, that of mediation, which would 
then be exercised with all the restrictions and limitations of cir- 
cumstance and time w T hich would make it compatible with the 
respect due to the rights of belligerents. Mediation, thus 
strengthened, would have effects considerably more effective than 
the mediation usually tried in international practice. Although 
the latter has a certain character of officiousness and can not 
make way without the consent of one of the belligerents, media- 
tion by a league of neutral countries, without losing that char- 
acter, offers something of more weight by representing, along 
with the good offices of impartial states, the voice of those who on 
their part labor for the safeguarding and defense of their injured 
interests. 

The conclusions that the congress would dictate would next 
be submitted to an assembly of all nations and unanimously 
recognized, as they can not fail to be, because of their justice and 
convenience. Since the belligerent nation to-day will be the neu- 
tral country to-morrow, they will be incorporated into interna- 
tional law as an effective victory of civilization and pledge of 
future peace. One step further in this direction and one will 
arrive at the creation of a permanent entity which would repre- 
sent upon the first rumors of a conflict, the league of neutral 
countries, and by making itself heard according to its right, it 
would be able in the majority of cases, to prevent the rupture or 
at least to limit the extension, the duration, and the range of 
hostilities. 

In the presence of the existing conflict, which embraces the 
people of Europe and Asia, the initiation of a congress of neutral 
countries belongs to the nations of America. In the possession of 
a neutrality absolute and above suspicion, by their geographic 
position, by the ample bonds which unite them to all the belliger- 
ent nations, by their character of peaceful powers, by their tra- 
ditional efforts for the success of international arbitration, and 
by the grave injuries being suffered because of this very war, 
both in their present situation and in their future progress, the 
American nations are called to the signal duty of mediation. 

Caracas, October, 191^. 

79596—17 9 



INDEX. 



Accepting commissions. (See Territory.) 

Act of war. (See Hostile act, Territory.) 

Aerial domain, neutral: Page. 

passage of, by belligerent aircraft forbidden 77,99 

passage of, without license, forbidden 73 

Switzerland, notification relating to 77 

(See also Aircraft.) 

Aerial territory. (See Aerial domain.) 

Aeroplanes. (See Aircraft.) 

Aggression, merchant vessels armed for. (See Armed mer- 
chant vessels.) 

Aircraft : 

forbidden in Panama Canal Zone 99 

passage over neutral territory forbidden 77 

use of, without license, forbidden 73 

violating neutral territory, treatment of 74 

Aliens in neutral territory : 

Switzerland, circular relating to 78 

ordinance relating to 80 

{See also Persons.) 

Allegiance, renunciation of (see also Persons) 89 

Allied jurisdiction, reconversion of auxiliary vessels may 

take place in 28 

American international law 28 

American seas, belligerent operations in, deplored 22 

American States : 

attitude of, on arbitration 129 

attitude of, on peace 129 

embargo on arms shipped to 96 

geographic position of 129 

neutrality regulations of, cited as precedents 115, 118 

special duties of, as neutrals 129 

Antwerp, Belgium, navigation to 61 

Appeal to the people : 

Switzerland, proclamations 74, 79 

United States, proclamation 89 

Arbitration, attitude of American countries on 129 

Argentine Republic: 

armed merchant vessels admitted to ports of 30 

neutrality declaration of 9 

territory on Straits of Magellan 21 

Armed fleet (see also Vessels) 29 

Armed forces : 

acting as legation guards in Peking to observe treaty 33 

forbidden to cross neutral territory 32, 61, 72 

• forbidden to embark on vessels in Panama Canal Zone_ 98 

internment of 32, 33, 34, 61, 73 

recruiting of, in neutral territory forbidden 10 

33, 47, 59, 63, 68, 73, 84, 108, 122 

use of, to prevent violations of neutrality 12, 75 

131 



132 Index. 

Armed merchant vessels, belligerent: Page. 

acting offensively, treated as pirates '— 31, 1U5 

Chile, note relating to 30 

Cuba, decree relating to 49 

evidence that vessel is armed for aggression 102 

evidence that vessel is armed for protection 31, 93, 102, 111 

neutral to be notified of purpose of armament 31, 111 

permitted in neutral ports 30, 31, 94, 111 

relation to belligerent warship 102 

relation to neutral government 102 

status of, on high seas 101 

status of, in neutral ports 49,93,101,105,111 

United States, memoranda relating to 93, 101 

Uruguay, decree relating to 111 

Armed neutrality : 

Russia, 1780 128 

Sweden and Denmark, 1693 128 

Venezuela, memorandum proposing 125 

Arming vessels in neutral territory. (See Base of opera- 
tions.) 
Arms and munitions: 

convoys of, not to cross neutral territory 62, 72 

embarkation of, in Panama Canal Zone forbidden 98 

embarkation of, evidence of conversion of vessel 16 

exportation of, forbidden 10 

neutral officials not to supply belligerent with 65 

trade in, between neutral ports permitted 92 

( See also Contraband ; Embargo. ) 
Asylum in neutral territory : 
land warfare — 

combatants in civilian clothes 78 

disabled combatants 72, 77 

escaped prisoners of war 73 

isolated combatants 73 

noncombatants lb 

maritime warfare — 

to belligerent war vessels — 

duration at discretion of neutral government. 11 

" lack of fuel or provisions " 13, 17, 32, 62, 85, 121 

" necessary repairs " 10, 11, 17, 

32, 48, 51, 62, 85, 99, 120, 121. 

" pursuit by enemy war vessels " 11 

" stress of weather " 11, 13, 16, 

32,48,50,62,85,107,120 

" unseaworthiness " 13, 48 

to privateers '. 11, 85, 121 

to prizes 13, 33, 48, 52, 63, 121 

( See also Base of operations ; Prizes ; Sojourn. ) 
Austria-Hungary : 

belligerent in war of 1914. (See Neutrality proclama- 
tions. ) 

characterized 42 

Auxiliary vessels. (See Base of operations; Vessels.) 
Aviation. (See Aerial territory; Aircraft.) 

Aviation station 73 

Balroons. (See Aircraft.) 

Baltic Sea, entrance to, considered territorial waters 50 

Base of operations : 

arming belligerent vessels in neutral territory for- 
bidden 10, 11, 

12, 33, 35, 48, 51, 52, 55, 59, 
62, 63, 84, 96, 111, 120, 121 



Index. 133 

Base of operations — Continued. Page, 

augmenting crew of belligerent war vessel in neutral 

territory forbidden 12, 48, 51, 63, 84, 108, 120, 121 

Brazil, decree relating to 14 

Chile, circular relating to 20 

definition of 91, 92, 116 

Ecuador, decree relating to 56 

merchant vessels regarded as suspicious 27,64 

repair of belligerent war vessels forbidden without 

authorization , 63 

repeated use of territory essential 92, 116 

responsibility for use of neutral territory as 92, 117 

suspected vessels required to depart 11, 25, 57, 100, 116 

United States, memorandum relating to2 91 

joint resolution relating to 100 

Uruguay, decree relating to 115 

use of neutral territory as forbidden— 32, 52, 61, 92, 100, 115 
(See also Armed merchant vessels; Asylum; Coaling; 
Prizes; Provisioning; Radiotelegraphy ; Sojourn; 
Territory; Transmission of intelligence; Vessels.) 

Battleship (see also Armed fleet; Vessels, war) 107 

Bays: 

definition of territorial 63, 107 

prescriptive 107 

ten-mile opening 107 

(Bee also Territorial waters.) 
Belgium : 

belligerent in war of 1914. (See Neutrality proclama- 
tions.) 

characterized 42 

Belligerent nationality, persons of. (See Aliens in neutral 
territory; Persons; Internment; Armed forces.) 

Belligerent state, to make reparation for illegal acts 34 

Belligerent territory, reconversion of auxiliary cruiser to 

take place on 28 

Belligerent vessels in neutral ports and waters. (See Asy- 
lum ; Base of operations ; Coaling ; Provisioning ; So- 
journ ; Territorial waters. ) 
Belligerem warship. (See Vessels, war.) 
Belligerents, rights of (see also Blockade; Capture; Con- 
traband; Unneutral service; Visit and search) 126 

Bentley's Complete Phrase Code, telegraphic cipher, rec- 
ognized 27 

Berlin, radio convention of 110 

Bill of lading, ship's paper . 53 

Blockade : 

definition of 53 

liabilities of neutrals in respect to 64, 87, 103 

neutral vessels forbidden to break 34, 53 

of neutral ports forbidden 33 

Bluefields, Nicaragua, telegraph station at 64 

Bolivia, war with Chile, 1879. (See Chile, War with Peru 
and Bolivia.) 

Boundary waters, limits of 107 

Brazil : 

armed merchant vessels admitted to ports of- 30 

base of operations 14 

dismantling of radio apparatus on vessels in port re- 
quired ._ 123 

nationality of corporations 14 

neutrality regulations 10 



134 Index. 

Broome Halle, imperial combination cipher code, recog- Page. 

nized __ y 29 

Bryan, William J., Secretary of State, circular, military 

service 1 88 

Bulgaria, belligerent, War of 1914. (See Neutrality procla- 
mations. ) 
Bunkers, coal. (See Coaling.) 

Buoys, channel, alteration of by neutral 61 

Cables, transmission of intelligence by means of 24, 64 

Canal. (See Panama Canal Zone.) 
Capture : 

belligerent right of 104 

indemnification for illegal 34 

limitations upon right of 104 

(See also Prizes ; Territorial waters ; Visit and search.) 
Carrier-pigeon stations, transmitting intelligence by 

means of 73 

Catherine of Russia, armed neutrality of, 1780 128 

Cartagena, Colombia, radio station at 38, 39, 43, 45. 46 

Censorship. (See Editors; Press; Radiotelegraphy.) 

Channel buoys, alteration of by neutral 61 

Channel line, limit of boundary waters 107 

Children (see also Noncombatants ; Persons) 73 

Chile : 

application of international law 15 

application of Hague conventions 15 

armed merchant vessels . 30 

base of operations 20 

civil code of, on territorial waters 19 

coaling merchant vessels 22, 27, 30 

coaling war vessels 17, 19, 22, 24, 25. 26 

conversion of war vessels 28 

dismantling of radio apparatus on vessels in port re- 
quired ; 123 

neutrality regulations 15 

radiotelegraph 18, 24, 29 

regulations for coaling vessels cited as a precedent 118 

relations with foreign governments 29 

revolution in, 1891, Colombian neutrality during, cited 

as a precedent 35 

telegraphic communication 20, 24, 26 

territorial waters of 19. 21 

violations of neutrality 21. 25 

war with Peru and Bolivia, 1879, Colombian neutrality 

during, cited as a precedent 35 

China, neutrality regulations 31 

Cipher, use of. (See Transmission of intelligence.) 
Citizens. (See Persons.) 
Civilization : 

effect of war on 128 

relation of nationality to 80 

Clearance of vessels. (See Base of operations; Vessels.) 

Clearance papers, ship's papers 53 

Coal, abnormal quantities of, in vessel, evidence of con- 
version 16 

Coaling vessels in neutral port: 

Chile, instructions 17, 19, 24, 25, 26, 27 

decrees 22, 30 

Colombia, resolution 35 



Index. 135 

Coaling vessels in neutral port — Continued. Page. 

Merchant vessels : 

guaranty required that coal will not be used for 

belligerent war vessels 20, 27, 30 

"port of destination" 19 

record to be made of delivery of coal 24 

Merchant vessels of belligerent nationality : 

" full bunkers " 23, 27 

" nearest foreign port " 19 

"nearest home port" 16,17,22 

"port of destination" 27 

Uruguay, decree 118 

War vessels of belligerent nationality : 

forbidden without authorization 34, 63 

" full bunkers " 12, 51 

in Panama Canal Zone 97 

" nearest accessible port " 98 

"nearest foreign port" 23,36,118.121 

"nearest home port" 12,23,33,48.62,86 

supplies from merchant vessels forbidden 13,91,116 

three months' rule- 12,22,26,48,51,62,86,91,95,103,121 

"usual supply " 107 

(See also Base of operations; Provisioning.) 
Coaling stations in neutral territory or waters forbidden 

(sec also Base of operations) 52 

Code, A. Z., cipher, recognized 30 

Colombia : 

neutrality of the press 39 

radiotelegraphy 36, 37, 38, 42, 44-46 

supplying war and merchant vessels 35 

Colon, Panama, use of radiotelegraphy in waters of 99 

Colonies : 

of belligerent, not included in " nearest home port " 

rule 17 

of neutral, hostilities in forbidden 61 

(See also Territory.) 
Colors. (See Flag.) 

Combatants. (See Armed forces; Internment; Persons.) 
Commander of belligerent warship, obligations of (see 
also Asylum; Capture; Coaling; Prizes; Provisioning; 

Sojourn; Vessels; Visit and search) 12,13,26 

Commerce. (See Neutral commerce.) 

Commercial associations,- nationality of 14 

Communication, means of. (See Radiotelegraphy; Rail- 
roads ; Transmission of intelligence ; Vessels. ) 
Condemnation of neutral vessels, when permissible (see 

also Prize court) 103 

Confiscation of neutral property, not permissible (see also 

Capture) 103 

Congress of neutral nations : 

duty of inaugurating belongs to America 129 

proposed by Venezuela . 128 

Consuls, foreign : 

permitted to send telegrams from neutral states 21 

permitted to use cipher 26 

relation with foreign states 29 

to declare character of foreign vessel in neutral port 16 

to declare destination of merchant vessel leaving neu- 
tral port 14, 57, 117 

to furnish guaranty before clearance of vessel 20 



136 Index. 

Consuls, neutral : Page, 

duties of 53, 123 

to attest change in crew of neutral vessel 53 

to be notified of capture of neutral vessel 55 

Contamination of neutral property by belligerent associa- 
tion 104 

Continuous voyage: 

applicable to absolute contraband 54 

not applicable to contraband 35 

Contraband : 
absolute — 

list 54 

neutral trade in. by individuals not prohibited 95 

supply of to belligerent warships forbidden 92 

annbVntion of continuous voyage to 35 

capable of use in conversion, not to be carried by mer- 
chant vessel 108 

conditional — 

definition of ._ 36 

lists 54, 114 

neutral trade in, is not prohibited 95, 114 

definition of 36 

free list 114 

liabilities of neutrals trading in 64, 87, 95, 103 

lists 54, 108, 114 

extension of, in modern practice 128 

nature of 127 

neutral vessels not to carry 34 

noncontraband, list 114 

not to be shipped from neutral territory 36 

obligations of neutral state in reference to 87 

occasional 36 

trade in, not illegal 87, 95, 114 

United States, circular relating to 95 

Uruguay, decree relating to 114 

( Se e also Arms ; Embargo. ) 
Conventions. (See Declaration of London; Declaration of 

Paris; Hague Conventions; Treaties.) 
Conventional Ipngnage, use of forbidden. (See Transmis- 
sion of intelligence.) 
Conversion of merchant vessels : 

articles for use in, not to be embarked from neutral 

territory 108 

Chile, circular relating to , 28 

evidence of 16, 94 

not permitted in neutral port 37 

reconverted auxiliary naval vessels not to be again con- 
verted 29 

(See also Reconversion; Vessels.) 
Convoys of arms and munitions, passage across neutral 

territory forbidden (see also Territory) 61,72 

Cooperation, neutral right of 128 

Conenhagen, Denmark, belligerent war vessels not to enter 

port 50 

Corporations, nationality of 14 

Crew of vessels. (See Base of operations; Internment; 
Prizes.) 

Crew list, ship's papers 53 

Cruisers, war vessels 107 



Index. 137 

Cuba : Page. 

armed merchant vessels 40 

neutrality proclamation 46 

neutrality regulations 47 

radiotelegraphy 49 

Customs regulations, observation of local 51, 74, 108 

Damages for violation of international law. (See Repara- 

" tion.) 

Damages to vessels. (See Asylum.) 

Declaration of London, 1909: 

declaratory of international law 15, 67 

not exhaustive of maritime international law 28 

provisions of — 

contraband 104, 108, 114, 115 

transfer of flag 109 

Declaration of Paris, 1856, on privateering 28 

Declaration of war: 

Hague convention relating to 67 

neutral states to be notified of 67 

receipt of notifications of. (See Neutrality proclama- 
tions. ) 

Defense, merchant vessels armed for. (See Armed mer- 
chant vessels.) 

Denmark : 

armed neutrality of, 1693 128 

neutrality regulations 49, 52 

Department of State, United States: 

circular, contraband trade 95 

circular, military service 88 

memoranda, armed merchant vessels 93, 101 

memorandum, base of operations 91 

Deserters. ( See Persons ; Internment. ) 
Destination : 
port of. (See Coaling.) 
of contraband. (See Contraband.) 
of vessels. ( See Vessels ; Consuls. ) 

Destroyers, flotilla vessels 107 

Destruction : 

of enemy merchant vessels permissible 105 

of neutral merchant vessels, doubtful 105 

of ship's papers forbidden 53 

safety of personnel in case of 105 

Detention of officers and crew of vessels. (See Intern- 
ment. ) 

Diplomatic officers: 

conduct of legation guard in Peking . 33 

duties of neutral ! 123 

may declare status of armed merchant vessels 111 

method of preventing protests 21 

permitted to send telegrams from neutral territory 21 

permitted to use cipher 25, 26 

reception of enlistments by, in neutral territory for- 
bidden 122 

relations with foreign states 29 

Dispatches, military: 

liabilities of neutrals in respect to carriage of 64 

neutral vessels not to carry 34 

not to be sent from neutral territory 34 

(See also Radiotelegraphy ; Transmission of intelli- 
gence; Unneutral service.) 



138 Index. 

Domain. (See Territory.) Page. 

Domicile, laws of neutral State respecting 63 

" Due diligence " to prevent outfitting of war vessels in 

neutral territory 35 

Ecuador : 

base of operations 56 

neutrality proclamations 56 

Editors : 

Colombia, appeal to 39 

(See also Press.) 

Effective blockade. (See Blockade, definition.) 

Embargo on arms : 

enforced 10, 36, 72 

in case of civil war in American Republics 96 

Emigration : 

liability for offenses prior to 88 

liability for offenses subsequent to 89 

Enemy character: 

doctrine of infection 104 

when neutral property obtains 103 

Enemy goods in neutral vessel. (See Free ships; Free 
goods. ) 

Enemy property, liability of on high seas 104 

England. (See Great Britain.) 

English language, telegrams in permitted 20, 43 

Enlisting. (See Territory; Persons.) 

Equipping vessels. ( See Base of operations ; Territory. ) 

Espionage : 

forbidden in neutral territory 34 

transmission of military information punishable as 69 

European nations, trade with, legal 96 

European port : 

destination to . 30 

coal to be allowed vessel destined to 23 

Existence, right of 126 

Expatriation 89 

Expenses of interned persons to be paid 32 

Experts, censorship of radiotelegraphy by 39 

Exportation, of arms forbidden 10, 36, 72, 95 

Expulsion : 

of deserters from neutral territory 81 

of persons by neutral State 73 

Far East, effect of war on 31, 32 

False clearance. (See Vessels.) 

Fitting out of vessels. (See Base of operations.) 

Flag: 

display of before engaging in hostilities 104 

transfer of 53, 109 

Flags, signaling by 113 

Flight, right of : 104 

Flotilla vessels, definition of (see also Sojourn; Vessels) 107 

Flushing. Netherlands, tidal waters of 61 

Food supply. (See Provisioning.) 

Force, use of, by neutral to prevent violations of neutrality 

(see also Neutrality) 12 

Force majeure, violation of neutral aerial domain through- 74 

Forces, armed. (See Armed forces.) 

Foreign languages: 

telegrams permitted in 20, 43 

(See also Transmission of intelligence.) 



Index. 139 

France : Pa £ 6 - 

belligerent, war of 1914. (See Neutrality proclama- 
tions. ) 

characterized 42 

rights of, in Upper Savoy 70 

sending of disabled soldiers into neutralized territory. 78 

" Free ships, free goods " 35 

Freedom of opinion and neutrality. (See Neutrality.) 

French language, telegrams permitted in 20, 43 

Fuel : 

depots. (See Coaling stations.) 
lack of. (See Asylum.) 
supply of. (See Coaling.) 
Fugitive conscripts. (See Persons; Deserters.) 
"Full bunkers." (See Coaling.) 

Fundament::! rights of States 126 

Geneva, Switzerland, relations with Savoy 78 

Geographic position, effect of, on neutral obligations 129 

German employees excluded from neutral radio station 43 

German language, telegrams in, permitted 20 

Germany : 

belligerent, war of 1914. (See Neutrality proclama- 
tions. ) 

characterized 42 

protest against unneutral conduct of the press 40 

reply to Swiss neutrality declaration 71 

voluntary closing of radio station in neutral territory 44 

Good offices of neutral States 129 

Great and Little Belt, Denmark, territorial waters 50 

Great Britain : 

belligerent, war of 1914. (See Neutrality proclama- 
tions. ) 

characterized 42 

note relating to reconversion of auxiliary vessels 28 

Guaranty for observance of neutrality. (See Coaling; Neu- 
trality.) 
Guatemala : 

neutrality declaration 57 

radiotelegraphy 58 

Hague conventions : 

Chile, instructions requiring application of 15 

declaratory of international law 9, 10, 15, 60, 67, 106 

Spain, decree requiring application of 68 

to be observed by neutrals 15, 56, 57, 59, 60, 68, 119 

Hague Conventions, 1907 : 

III. Convention relative to the opening of hostilities. 

State of war to be notified to neutrals ( art. 2 ) _ 67 
V. Convention respecting the rights and duties of 
neutral powers and persons in war on 

land 35, 57, 59, 72 

radiotelegraphy (art. 3) 24, 112 

impartiality in use of telegraph (art. 18) 112 

VII. Convention relating to the conversion of mer- 
chant ships into ships of war 28 

XIII. Convention concerning the rights and duties of 

neutral powers in maritime war 12, 

35, 57, 58, 59, 68, 119 
right of neutrals to change rules (preamble, par. 

5) 22, 28 

radiotelegraphy (art. 5) 118 

arming vessels in neutral territory (art. 8) 111 

sojourn of belligerent war vessels (art. 12) 118 



140 Index. 

Hague Conventions, 1907 — Continued. Page. 

XIII. Provisioning, "Peace standard" (art. 12) 25,118 

coaling, "Nearest home port" (art. 19) 17,22 

three months' rule (art. 20) 22 

neutral duties of prevention (art. 25) 110,112 

Harbor. (See Territorial waters; Port.) 

Harbor regulations 51 

Haiti, neutrality declaration 58 

High seas: 

conversion of merchant vessels on 37 

status of armed merchant vessels on 101 

Holland. (See Netherlands.) 
Home port, nearest. (See Coaling.) 

Honduras, neutrality declarations 59, 60 

Hospital ships. (See Sojourn; Vessels.) 

Hostile act, use of force in defense of neutrality not so 

considered 34 

Hostilities : 

in neutral territory. (See Territory.) 
opening of. (See Hague Conventions, 1907; III, Decla- 
ration of War.) 
Humanitarian purpose, vessels engaged in. (See Sojourn; 

Vessels. ) 
Humanity, principles of, limit right of belligerent capture— 104 
Illegal capture. (See Capture; Prizes; Territory.) 

Impartial neutrality, duty of 83 

Impartiality, neutral duty of 72, 122 

Indemnity. (See Reparation.) 

Independence, maintenance of 75 

Infection of neutral property by belligerent association 104 

Information, transmission of. (See Radiotelegraphy ; 

Transmission of intelligence. ) 
Inner territorial waters. (See Territorial waters.) 
Innocent passage of neutral waters by belligerent vessels 

(see also Territorial waters) 12 

Innocent property, rights of limit belligerent right of cap- 
ture (see also Private property) 104 

Intelligence, transmission of. (See Transmission of intelli- 
gence. ) 

Intention to naturalize, effect of 89 

International arbitration. (See Arbitration.) 
International law: 

American 28 

application of, required — 

by neutrals 56, 59, 60, 68, 70, 86, 100, 119 

by prize courts 34 

Chile, instructions 15 

in enforcing neutrality 34 

Salvador, note 66 

crimes against— 106 

declaration of London declaratory of 15, 67 

Hague conventions declaratory of 9, 10, 15, 60, 67, 106 

part of municipal law 41 

International relations, complexity of 127 

Internationalism 1 127 

Interned vessels. (See Internment.) 
Internment : 

land warfare — 

combatants in civilian clothes, not required 78 

care of interned persons, expenses to be paid 32 

deserters 82 

troops crossing into neutral territory 32, 33, 34, 61 



Index. 141 

Internment — Continued, 
maritime warfare — 

persons — Page. 

officers and crew of interned vessel 12, 32, 48, 103 

prize crew of restored prize 13, 48 

vessels- -~ 

belligerent war vessels 12, 23, 32, 48, 62, 65, 103 

care of interned vessels 12, 48 

merchant vessels making false clearance 117 

(See also Prizes.) 
Interval between departure of vessels in neutral port. 

(See Sojourn.) 
Intervention by neutral Government in behalf of its sub- 
jects. (See Protection.) 

Islands, territorial waters measured from 50 

Italian language, telegrams in, permitted 20 

Italy : 

belligerent, war of 1914. (See Neutrality proclama- 
tions.) 

neutrality declaration 60 

Japan, belligerent, war of 1914. (See Neutrality proclama- 
tions.) 
Jurisdiction. (See Territory.) 
Jurisdictional waters. (See Territorial waters.) 

Kattegat, territorial waters 50 

Keys, A. B. C, fifth edition, telegraphic cipher, recognized- 27 

Kleen, Richard, on rights of neutrals 125 

Lack of fuel and provisions. (See Asylum.) 

Language, relation to nationality 80 

Languages, permitted in telegrams (see also Transmission 

of intelligence) 20,110 

Law of nations. (See International law.) 

Law of war, neutral vessels to observe 34 

League of neutral States, proposed by Venezuela 129 

Legations. (See Diplomatic officers.) 
Letters of marque. (See Privateers.) 
Liberation of prize. (See Prizes.) 
Liberty : 

right of 126 

of the press 41 

Lieber's Code, telegraphic cipher, recognized 27 

Lights : 

channel, alteration of, by neutral 61 

signal, means of transmitting intelligence 113 

Lightships, withdrawal of 61 

Loans to belligerent by neutral persons forbidden , 34 

Local regulations: 

belligerent war vessels to observe 51, 108 

enforcement of 74 

(See also Sojourn; Territory.) 
London, Declaration of. (See Declaration of London.) 
London, radio conference of. (See Treaties.) 

Magellan, Straits of, territorial waters 21 

Marconi system, radiotelegraphy 113 

Mediation, neutral duty of 90, 129 

Merchant vessels. (See Coaling; Vessels; Armed mer- 
chant vessels.) 
Meyer's Atlantic Code, thirty-ninth edition, cipher code 

recognized 30 

Military dispatches. (See Dispatches.) 
Military enterprises. (See Military expeditions; Terri- 
tory.) 



142 Index. 

Page. 
Military expeditions, Venezuela, instructions relating to 

(see also Territory) 122 

Military laws, Swiss, for defense of neutrality 75 

Military obligations of persons, laws relating to 89 

Military persons. (See Persons; Armed forces; Intern- 
ment.) 
Military service, United States, Circular relating to (see 

also Persons) 88 

Military tribunals, Swiss, jurisdiction over offenses against 

neutrality 77 

Mines, ports closed by 50 

Montenegro, belligerent war of 1914. (See Neutrality proc- 
lamations.) 

Municipal law, relation to international law 41 

Munitions of war. (See Arms and munitions ; Contraband ; 
Embargo. ) 

Nation, importance of the idea of the 40 

Nationals. (See Persons.) 
Nationality : 

laws of 63,89 

meaning of 80 

of commercial associations 14 

Naturalization treaties. (See Treaties.) 
Naturalized citizens. (See Persons.) 
Naval conference, 1909. (See Declaration of London.) 
Naval vessel. (See Vessel.) 

Navigation, rights of, in neutral waters. ( See Asylum ; 
Base of operations ; Sojourn ; Territorial waters. ) 

"Nearest home port," meaning of (see also Coaling) 17 

Necessity, as an excuse for acts otherwise forbidden 98 

Netherlands : 

neutrality regulations 61 

war buoying 61 

Neutral commerce, theory of ( see also Blockade ; Capture ; 

Contraband; Unneutral service; Visit and search) 127 

Neutral goods on enemy ships, to go freely 35 

Neutral Government: 

duty of mediation 90,129 

duties of prevention 12, 17, 79 

good offices by 129 

not to furnish supplies to belligerent war vessels 98 

use of force by 12,34,75 

(See also Neutrality.) 
Neutral persons. (See Persons.) 

Neutral port. (See Coaling; Port; Territorial waters.) 
Neutral powers, conventions respecting the rights and 

duties of. (See Hague conventions, 1907, V, XIII.) 
Neutral property on the high seas, rights of (see also Block- 
ade ; Capture ; Contraband ; Free ships, free goods ; Neu- 
tral goods on enemy ships ; Unneutral service ; Visit and 

search) 103 

Neutral States: 

congress of proposed 128 

league of proposed 129 

rights and duties of 125 

Neutral territory. (See Territory.) 

Neutral vessel, liable to confiscation for carriage of contra- 
band (see also Vessels) 115 

Neutrality : 

freedom of opinion and 83 

guaranty for observance of 23, 29 



Index. 143 

Neutrality— Continued. Page- 
impartial 83 

means of enforcing obligations of 13, 

17, 21, 50, 61, 74, 120, 122, 124, 125 

mediation and 90, 129 

nature of obligations of 40 

of the press 40, 80, 89 

of thought 80,90 

peace and 90 

penalties for violation of by persons 20, 

34, 59, 60, 64, 68, 69, 76, 86, 87, 100, 109, 113 

social 40 

spirit of impartiality 89 

sympathy and 41, 79, 83, 86 

use of force in defense of not a " hostile act " 34 

war buoying to prevent violation of 61 

Neutrality, Circulars, Decrees, Instructions, Memoranda, 
Ordinances, Regulations, Resolutions, etc., relating to. 
(See under subjects and names of States.) 
Neutrality declarations. (See Neutrality proclamations.) 
Neutrality laws, United States (Panama Canal Zone). 
Neutrality proclamations : 

notification of 69 

reasons for use of 66 

texts — 

Argentine Republic (1914) 9 

Brazil (1914) 10 

Chile (1914) 15 

China (1914) ^ 31 

Colombia (1914) 35 

Cuba (1914) 46 

Denmark (1914) 49 

Ecuador (1914) 56 

Guatemala (1914) 57 

Hayti (1914) 58 

Honduras (1914) 59 

Italy (1914) 60 

Netherlands (1914) 61 

Nicaragua (1914) 64 

Persia (1914) 65 

Salvador (1914) 66 

Siam (1914) 67 

Spain (1914) 68 

Switzerland (1914) • 70 

United States (1914) 82 

Uruguay (1914)^ 106 

Venezuela (1914) 119 

Neutralized territory : 

Savoy, admission of disabled soldiers to 78 

Switzerland 69, 77, 78 

(See also Panama Canal Zone, Treaties.) 
Newspapers. (See Press, neutrality of.) 

Nicaragua, neutrality regulations 64 

Noncombatants. (See Persons.) 

North Sea, entrances to territorial waters 50 

Norway, requires dismantling of radio apparatus on ves- 
sels in ports (note) • 123 

Occasional contraband (sec also Contraband, conditional) 36 

Occupation of neutral territory by belligerent, forbidden 

(see also Territory) . 61 

Offense, armament for. (See Armed merchant vessels.) 



144 Index. 

Officers of vessels. (See Internment; Prizes; Vessels.) 
Officials. (See Armed forces; Consuls; Diplomatic officers; 

Persons; Vessels.) Page. 

Old men (see also Noncombatants, Persons.) 73 

Optical devices, means for transmitting intelligence 73, 113 

Pacific Ocean, maritime war in 22 

Panama (city) : 

neutrality of 96 

use of radiotelegraphy in 99 

Panama Canal Zone: 

aircraft forbidden in : 99 

coaling vessels in, forbidden unless authorized 97 

definition of 96, 99 

embarkation of troops in forbidden 98 

jurisdiction of the United States in 96 

neutrality of 94, 96, 97 

prizes in 97 

protocol relating to, United States and Panama 94 

radio apparatus, use of in 99 

repair of vessels in 99 

rules and regulations for the operation and navigation 

of, 1914 96 

sojourn of belligerent war vessels in 94, 97 

United States, proclamation relating to 96 

Paris, declaration of. (See Declaration of Paris.) 

Paris, treaty of, 1815 (see also Treaties) 71 

Passengers : 

refusal of vessel to carry, evidence of conversion 16 

safety of, on merchant vessels 105 

(See also Persons; Vessels.) 

Passports, neutral to be respected 35 

Peace : 

attitude of American countries to 129 

neutrality and 90 

normal situation 126 

" Peace standard " for supplying vessels in neutral ports. 
(See Provisioning.) 

Peking, China, conduct of legation guards at 33 

Penal code: 

Switzerland ' 72 

United States 84 

Uruguay 106, 108, 114 

Penalty for violations of neutrality. (See Neutrality.) 
Permanent neutrality. (See Neutralization.) 

Persia, neutrality proclamation 65 

Persons : 
aliens — 

expulsion of by neutral state r 73, 81 

obligations of military service 88 

belligerent nationals — 

excluded from employment in neutral radio sta- 
tions 46 

may leave neutral territory for service, individ- 
ually 73 

combatants — 

deserters in neutral territory to give up arms 72 

disabled, may enter neutral territory 72, 77 

escaped prisoners of war, asylum in neutral terri- 
tory 73, 80 

may enter neutral territory in civilian clothes 78 

isolated, asylum in neutral territory 73 



Index. 145 

Persons — Continued. 

neutral nationals — Page. 

committing hostilities, lose neutral status 47, 64, 68, 87 

duties of 76 

enlistment of forbidden 10, 34, 55, 63 

hostile acts by officials forbidden 65 

outfitting of cruisers for belligerents forbidden 55 

protection of, when in belligerent territory 34 

status of naturalized citizens 88 

noncombatants — 

asylum in neutral territory 73 

safety of on merchant vessels 105 

resident in neutral territory — 

duties of 84, 86 

hostile acts by, forbidden 10,34,72,86 

not to transmit military information 27 

(See also Officers; Officials.) 
Peru : 

requires dismantling of radio apparatus in vessels in 

port 123 

war with Chile, 1879. (See Chile; War with Peru and 
Bolivia.) 
Petrograd. (See St. Petersburg.) 
Philanthropic mission, vessels on. (See Sojourn; Vessels.) 

Pigeons, Carrier, means of transmitting intelligence 73 

Pilot regulations 51 

Pilots, use of by belligerent vessels in neutral waters (see 

also Sojourn) 12,51,61 

Pirates 119 

Pirates, merchant vessels engaged in aggressive hostilities 

to be treated as 31, 105 

" Place of safety," persons on merchant vessels to be put in_ 105 

Police regulations 51, 74, 108 

Port of destination. (See Coaling; European port; Terri- 
tory. ) 

Port regulations : 108 

Portuguese language, telegrams in, permitted 20 

Postal service, carriage of military dispatches in, not un- 
neutral service 64 

Press : 

neutrality of 40, 80, 89 

Colombian circular relating to 39 

Prevention, neutral duty of. (See Neutrality.) 
Prisoners of war : 

brought into neutral territory by belligerent troops to 

be released 33 

escaped, asylum to 73 

(See also, Asylum; Armed forces; Internment; Per- 
sons. ) 
Private property at sea. (See Blockade; Capture; Contra- 
band ; Enemy character ; Free ships, free goods ; Neutral 
goods in enemy ships; Neutral commerce; Unneutral 
service ; Visit and search. ) 

Privateering 28 

Privateers : 

conversion of merchant vessels to, forbidden 108 

forbidden in neutral territory 52 

(See also Asylum; Base of operations; Vessels; So- 
journ. ) 

79596 — 17 10 



146 Index. 

Prize court : Page. 

condemnation of prize necessary to establish title 13 

duties of 103 

may not be established in neutral territory 33, 34, 52 

to judge captures by international law 34 

Prize crew, treatment of (see also Prizes) 13,33.48.63 

Prize money 104, 105 

Prizes : 

asylum to 13, 33, 48, 52. 63, 121 

captured in violation of neutrality, restoration of offi- 
cers and crew 11, 33, 48 

captured in violation of neutrality, restoration of 11, 48 

forbidden to enter neutral ports 33, 52, 121 

illegally in neutral ports, internment of prize crew_ 

13, 33, 48, 63 

illegally in neutral port, release of officers and crew 48, 63 

illegally in neutral port, restoration of 13, 33, 48, 63 

innocent passage of war vessels with 12, 50 

judicial condemnation of, necessary to establish title 13, 108 

repair of, on neutral territory forbidden 34, 63 

sale of, in neutral territory forbidden. __ 13, 33, 34, 52, 63, 121 

sequestration of, pending decision of prize court 13, 108 

sequestered, prize crew left at liberty 13 

sojourn in Panama Canal Zone 97 

Property : 

enemy. (See Enemy property.) 
neutral. (See Neutral property.) 
private, (See Private property.) 

Protection : 

of subjects by neutral state 64, 68, 87 

(See also Persons.) 

merchant vessels, armed for , 102 

(See also Armed merchant vessels.) 

Protests : 

against unneutral conduct of the press 40 

for nonfulfillment of neutrality, how presented 21 

Protocol. (See Treaties.) 

Provisioning belligerent war vessels: 

from other vessels in neutral port, forbidden 13 

in neutral port — • 

" peace standard " 11, 25, 33, 48, 51, 62, 107, 120 

" subsistence of the crew " 17, 86 

(See also Base of operations.) 

Provisions, lack of. (See Asylum.) 

Public armed vessels (see also Vessels) 97 

Public officers. (See Officers; Officials.) 

Race, relation to nationality 80 

Radio conference of London. (See Treaties.) 

Radiotelegraphy : 

attitude of neutral states on 123 

belligerent establishment of, on neutral territory for- 
bidden 47, 52, 68 

belligerent persons excluded from employment in 43, 46 

belligerent use of in neutral territorial waters for- 
bidden 10, 99, 110 

care of dismantled apparatus 44 

censorship of 38, 39, 43, 45 

Chile, instructions relating to 18 

decree relating to 24 

circular relating to 29 

Columbia, resolutions relating to 36, 37, 38, 42, 44 

Cuba, circular relating to 49 



Index. 147 

Radiotelegraphy — Continued. Page. 

definition of 113 

difficulty of obtaining experts to censor 39, 43 

dismantling of apparatus on vessels in neutral waters 

required 17, 18, 37, 45, 46, 58, 110, 112, 123 

Guatemala, decree relating to 58 

operation of by neutral government 69, 91 

Switzerland, ordinance relating to 68 

United States, Executive order relating to 87, 90 

unneutral service by in neutral territory forbidden 87 

Uruguay, decrees relating to 110, 112 

use of on belligerent merchant vessels in neutral waters 

forbidden 58, 66 

use of by merchant vessels in neutral waters for- 
bidden 17, 18, 49, 64, 108, 110, 113 

use of on neutral territory forbidden 66,73 

use of in Panama Canal Zone 99 

use of to be authorized by Government 24, 112 

Venezuela, instructions relating to 124,125 

voluntary closing of station in neutral territory 44 

(See also Base of operations; Territory; Transmis- 
sion of intelligence; Treaties.) 

Railroad trains, treatment of in neutral territory 74 

Reciprocity, diplomatic and consular officers permitted to 

communicate in cipher on principle of 26 

Reconversion of auxiliary war vessel : 

permitted in belligerent territory 28 

to be effective 29 

notification of to neutrals 29 

(See also Vessels.) 

Reefs, territorial waters measured from 50 

Refuge from enemy craft. (See Asylum.) 
Regulations : 

internal of neutral States. (See Neutrality; Neutrality 

laws, etc.) 
local. (See Local regulations.) 

right of neutral State to issue 28 

Release of crew of prizes. (See Prizes.) 

Religion, vessels devoted to. (See Sojourn; Vessels.) 

Reparation, for violation of neutral rights 11, 34 

Repair of vessels. (See Asylum; Base of operations.) 
" Repeated departure " of vessels. (See Base of operations.) 
Resistance to visit and search. (See Visit and search.) 
Responsibility of neutral State: 

for contraband trade. (See Contraband.) 
for supplying of belligerent war vessels. (See Base of 
operations. ) 

Restoration of prizes (see also Prizes) 11,13,33,48,63 

Rights : 

fundamental 126 

neutral. (See Neutrality.) 
Rivers. (See Boundary waters.) 
Roadsteads. (See Territorial waters.) 

Rochefort system, radiotelegraphy 113 

Roumania, belligerent war of 1914. (See Neutrality procla- 
mations.) 
Russia : 

armed neutrality of, 1780 128 

belligerent, war of 1914. (See Neutrality proclama- 
tions. ) 
characterized 42 



148 Index. 

Safety of persons on merchant vessels. (See Persons.) 

St. Petersburg (Petrograd), telegraphic convention of. 

(See Treaties.) 
Sale of Prizes. (Sec Prizes.) Page. 

Salvador, application of law of neutrality by 66 

San Andres, Colombia, radio station at 45, 46 

San Juan del Sur, Nicaragua, submarine cable at 64 

Sanitary regulations 51, 74, 108 

Santa Marta, Colombia, radio station at 38, 45, 46 

Savoy : 

admission of disabled soldiers to 77 

neutralized territory of 70, 77, 78 

Scheldt, river, war buoying in 61 

Scientific work, vessels engaged in. (See Sojourn; Ves- 
sels. ) 

Scott's Code, tenth edition, telegraphic cipher recognized 27 

Search, right of. (See Visit and search.) 
Seizure. (See Capture.) 
Self-preservation : 

right of, by State 126 

right of, by enemy merchant vessel 105 

Serbia, belligerent, war of 1914. (See Neutrality proclama- 
tions.) 
Seventy-two hour interval rule. (See Sojourn.) 
Ships. (See Vessels.) 
Ship's papers : 

what constitutes 53 

to be shown to visiting cruiser 53 

destruction of, forbidden 53 

Siam, neutrality declaration 67 

Sick. (See Persons, disabled.) 

Signal station, means of transmitting intelligence 73 

Signaling. (See Flag;* Lights; Optical devices; Radio- 
telegraphy ; Telegraphy ; Transmission of intelligence. ) 
Sinking vessels. (See Destructions.) 

Social neutrality 40 

Sojourn of belligerent vessels in neutral port : 

of armed merchant vessels 103 

of hospital ships 11, 51 

of privateers 11, 85 

of scientific, religious, and philanthropic vessels- 11, 

33, 51, 62, 107, 120 
of war vessels — 

behavior during 13, 108 

duration of stay — 

twenty-four-hour rule 10, 

11, 16, 32, 48, 50, 62, 85, 98, 103, 109, 119, 120, 121 
twenty-four-hour rule, meaning of in reference 

to Panama Canal Zone 98 

seventy-two-hour rule 107 

forbidden 62 

in Panama Canal Zone 97 

interval between departure of vessels of opposing 
belligerents — 

disappearance from horizon 121 

seventy-two-hour interval rule 12- 

twenty-four-hour interval rule 12, 

16, 17, 33, 51, 62, 85, 86, 98, 120 

licensed pilots to be employed during 51, 107, 120 

local regulations to be observed during 51, 108 



Index. 149 

Sojourn of belligerent vessels in neutral port — Continued, 
of war vessels — continued. 

number of vessels in port at one time — Page. 

four war vessels 107 

three war vessels 33, 51, 98, 120 

three-vessel rule applied to Panama Canal 

Zone 98 

twelve flotilla vessels 107 

Uruguay, decree relating to 118 

(See also Asylum; Coaling; Base of operations; 
Prizes; Provisioning.) 

Sound, the, Denmark, territorial waters 50 

Sovereignty : 

concept of 128 

exercised by United States in Panama Canal Zone 96 

offenses against neutral 11 

respect for 50 

(See also Territory.) 
Spain : 

admits armed merchant vessels to ports 30 

application of Hague conventions (note) 68 

neutrality declarations 68 

war of United States with, 1898, Colombian neutrality 

during, cited as a precedent . 35 

Spanish language permitted in telegrams 20, 43 

Status : 

of armed merchant vessels. (See Armed merchant 

vessels. ) 
of persons. (See Persons.) 
of vessels in neutral ports. (See Vessels.) 
Stone, William J., United States Senator, on neutrality of 

the press 41 

Straits of Magellan, territorial waters 21 

Stress of weather. (See Asylum.) 

Submarine cable, means of transmitting intelligence 24, 64 

Submarines, flotilla vessels 107 

"Subsistence of crew." (See Provisioning vessels.) 
Supplying of vessels. (See Base of operations; Coaling; 

Provisioning. ) 
Suspected vessels. ( See Base of operations ; Vessels. ) 
Sweden : 

Armed neutrality of, 1693 128 

requires dismantling of radio apparatus on vessels in 

port 123 

Switzerland : 

aerial domain 77 

appeal to the people 74, 79 

belligerent persons 78 

federal constitution of 72 

foreign deserters 80 

neutrality declaration . 70 

neutrality regulations 1 69, 71 

neutralized territory of Savoy 77, 78 

penal code of 72 

penal dispositions 75 

radiotelegraphy 68 

Sympathy, relation to neutrality 41, 79, 83, 86 

Telefunken system, radiotelegraphy 113 

Telegraphy : 

Chile, circular relating to 20 

decrees relating to 24, 26 



150 Index. 

Telegraphy — Continued. 

convention of St. Petersburg on. (See Treaties.) Page- 
means of transmitting intelligence 24, 73 

(See also Radiotelegraph; Transmission of intelli- 
gence. ) 

Telephone, means of transmitting intelligence 24, 73 

Termination of war, internment until. (See Internment.) 
Territorial waters: 
belligerent — 

reconversion of auxiliary war vessel to take place 

in 28 

neutral — 

capture of prizes in, forbidden 11, 33, 47, 48 

capture of prizes in vicinity of, forbidden 13 

Chile, decree relating to 19 

defined 19, 21, 50, 63, 107 

five-mile limit 107 

frequenting of, by belligerent war vessels forbid- 
den 85 

inner, belligerent war vessels not to enter 50 

inner, defined 50 

innocent passage through by war vessels per- 
mitted 12, 50 

licensed pilots to be used in 51, 107, 120 

local regulations to be observed in 51. 108 

of Panama Canal Zone 96, 99 

passage of, by belligerent vessels forbidden 62 

prize courts not to be established in 33, 34, 52 

Straits of Magellan 21 

(See also Asylum; Base of operations; Sojourn; 
Territory.) 
Territory, neutral: 

accepting commission in, forbidden .. 84 

demonstrations in, in favor of belligerents forbidden 59 

duty to prevent violation of 13 

hostile acts not to originate from 72, 86 

hostilities in, forbidden 16,33,50,59.61 

inviolability of 69, 71 

military expeditions not to depart from 34, 84, 86, 96 

military information not to be sent from 34, 64. 69 

passage of, by belligerent troops forbidden 32, 61, 72 

passage of, by convoys of arms forbidden 72 

recruiting in, forbidden 10, 

33, 47, 59, 63, 68, 73, 84, 108, 122 
(See also Aerial domain; Base of operations; Panama 
Canal Zone ; Radiotelegraphy ; Sojourn ; Transmis- 
sion of intelligence; Territorial waters.) 

Thalweg 107 

Three-mile limit. (See Territorial waters.) 
Three months' rule. (See Coaling.) 
Three- vessel rule. (See Sojourn.) 

Torpedo boats, flotilla vessels 107 

Transfer of flag 53. 109 

Transformation of vessel. (See Conversion.) 
Transmission of intelligence : 

cablegrams to be censored 64 

certain foreign languages permitted in telegrams 20, 110 

cipher codes recognized 27, 29, 30 

cipher telegrams forbidden 20, 25, 43, 110 

cipher telegrams of diplomatic and consular officers 
. permitted 21, 25, 26, 110 



Index. 151 

Transmission of intelligence — Continued. Page. 

cipher telegrams with neutral countries permitted 26 

devices for 24, 73, 113 

establishment of means for, in neutral territory for- 
bidden 47, 52, 73, 113 

means for to be used only under Government authoriza- 
tion 24 

military information not to be sent from neutral ter- 
ritory 34, 64. 69 

steamship companies permitted to send telegrams 27 

(See also Radiotelegraphy ; Telegraphy; Treaties.) 
Transport service for belligerent, liabilities of neutral in 

respect to (see also Unneutral service) 64 

Transport vessels, armed, regarded as warship 97, 107 

Treaties : 

China and the powers, peace protocol (Sept. 7, 1901) 33 

military service treaties 88 

naturalization treaties 88 

neutral obligations, treaty of Washington, United 

States and Great Britain (1871 )__ 106 

neutralization of Savoy — 

declaration of the powers (1815) 70 

final act of Congress of Vienna (1815) 71 

treaty of Paris (1815) 71 

treaty of Turin, France, and Sardinia (1860) 71 

neutralization of Switzerland, act of guarantee of 

Swiss neutrality (1815) 71 

Panama Canal Zone — 

treaty, United States and Panama (1904) 96 

protocol, United States and Panama (1914) 94,96 

radiotelegraphy — 

treaty of Berlin (Nov. 3, 1906) 110 

treaty of London (July 5, 1912) 24, 110, 112 

Straits of Magellan, Chile, and Argentine Republic 21 

telegraphic convention of St. Petersburg (July 10 to 

22, 1875) 26,110 

territorial waters, Montevideo convention (1889) 107 

(See also Declaration of Paris; Declaration of Lon- 
don; Hague conventions.) 
Treaties : 

to be observed by neutrals ____^_ 68, 86, 100, 119 

to be observed in enforcing neutrality. 34 

Troops. (See Armed forces.) 

Turin, treaty of (1860) 71 

Turkey, belligerent in war of 1914. (See Neutrality procla- 
mations. ) 
Twenty-four-hour rule. (See Sojourn.) 
Uncommissioned vessels engaged in hostilities, treated as 

pirates 105 

United Fruit Co., radio service of 37 

United States : 

admit armed merchant vessels 30 

appeal to the people 89 

armed merchant vessels '. 93, 101 

base of operations 91, 100 

conception of neutrality 40 

contraband trade 95 

military service 88 

neutrality of Panama Canal Zone 94, 96 

neutrality proclamation 82 

penal code of 84 



152 Index. 

United States— Continued. Page. 

radiotelegraphy 87, 90 

regulations on neutrality cited as precedents 43, 115 

requires dismantling of radio apparatus on vessels in 

port 123 

war with Spain. (See Spain; War of United States 
with, 1898.) 
Unneutral service: 

by persons in neutral territory, forbidden 34 

by radiotelegraphy 87 

duties of neutrals in reference to 87 

liabilities of neutrals in reference to 64, 103 

neutral vessels not to engage in 34, 55 

(See also Dispatches; Radiotelegraphy; Transmission 
of intelligence ; Transport service. ) 
Unseaworthiness. (See Asylum.) 
Uruguay : 

admits armed merchant vessels to ports 30 

armed merchant vessels 111 

base of operations 115 

coaling war vessels 118 

Contraband 114 

neutrality declaration 106 

neutrality regulations 106 

penal code of 106, 114 

radiotelegraphy 110, 112 

requires dismantling of radio apparatus on vessels in 

port 123 

sojourn of war vessels in ports 118 

transfer of flag 109 

Venezuela : 

armed neutrality proposal 125 

duties of citizens 123 

military expeditions 122 

neutrality declaration 119 

neutrality enforcement 121 

neutrality regulations 120 

radiotelegraphy 123, 124, 125 

Vessel : 

character of to be declared 16, 108 

conversion of 16, 37, 94, 108 

reconversion of 28, 31 

Vessels : 

armed merchant. (See Armed merchant vessels.) 
auxiliary — 

reconversion of 28, 31 

status of 97 

captured. (See Prizes.) 

flotilla, definition of 107 

* hospital 11, 51, 97 

merchant — 

clandestine departure of to be prevented 117 

clearance of 14, 16, 20, 35, 57, 94, 100 

conversion of 16, 37, 94, 108 

consul to furnish guaranty for 20 

making false clearance to be regarded as war 

vessel 14, 65, 117 

to make declaration of destination 14, 57, 117 

neutral merchant — 

duties of 34, 53 

to respect rights of belligerents 34 



Index. 153 

Vessels — Continued. 

pirate. (See Pirates.) 

privateering — Page. 

forbidden in neutral territory 52 

(See also Asylum; Sojourn.) 

scientific, religious, and philanthropic 11, 33, 51, 62, 107, 120 

suspected. (See Base of operations.) 

uncommissioned, treatment of in engaged hostilities 105 

war — 

construction in and delivery from neutral terri- 
tory forbidden 63 

definition of 97, 104, 108 

obligations of commander 12, 13, 26 

relation of enemy armed merchant vessels to 102 

to give guaranty ,_ 97 

violating neutrality, to be excluded from ports in 

the future 50 

(See also Aircraft ; Asylum ; Base of operations ; Block- 
ade, Contraband ; Coaling ; Internment ; Pirates, Pro- 
visioning ; Sojourn ; Unneutral service ; Visit and 
search.) 

Vienna, Congress of, final act, 1815 71 

Violations of neutrality. (See Neutrality; Territory; Ter- 
ritorial waters.) 
Visit and search: 
resistance to — 

by enemy merchant vessel, legitimate 104, 105 

by neutral merchant vessel, forbidden 55 

subjects vessel to condemnation 103 

right of 11, 53, 104 

right of avoidance by flight . 104 

Voluntary neutrality 70 

Wandelaar, lightship 61 

War: 

abnormal situation 126 

act of. (See Hostile act.) 

declaration of. (See Declaration of war.) 

nature of 126 

"War buoying, established on the Scheldt 61 

Netherlands note relating to 61 

War material. (See Arms and munitions.) 
Warship. (See Vessels.) 

War of 1914. (See Neutrality proclamations.) 
Wars. (See Chile, revolution in, 1891; Chile, war with. 
Peru and Bolivia, 1879 ; Spain, war of United States with, 
1898; War of 1914.) 
Washington, treaty of, United States and Great Britain, 

1871: Three rules of declaratory of international law 106 

Waters, territorial. (See Territorial waters.) 

Western Union code, telegraphic cipher, recognized 27 

Wielingen, lightship 61 

Wireless telegraphy. (See Radiotelegraphy. ) 
Wilson, Woodrow, President of the United States : 

appeal to the people 89 

Executive order, radiotelegraphy 87, 90 

proclamation, neutrality 82 

proclamation, neutrality of Panama Canal Zone 96 

Women, noncombatant 73 

Wounded persons. (See Persons, disabled.) 

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